Va. Code Ann. tit. 22.1, ch. 14

in effect

Va. Code Ann. § 22.1-254 Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article

A. As used in this subsection, "attend" includes participation in educational programs and courses at a site remote from the school with the permission of the school and in conformity with applicable requirements. Except as otherwise provided in this article, every parent, guardian, or other person in the Commonwealth having control or charge of any child who will have reached the fifth birthday on or before September 30 of any school year and who has not passed the eighteenth birthday shall, during the period of each year the public schools are in session and for the same number of days and hours per day as the public schools, cause such child to attend a public school or a private, denominational, or parochial school or have such child taught by a tutor or teacher of qualifications prescribed by the Board and approved by the division superintendent, or provide for home instruction of such child as described in § 22.1-254.1 . As prescribed in the regulations of the Board, the requirements of this section may also be satisfied by causing a child to attend an alternative program of study or work/study offered by a public, private, denominational, or parochial school or by a public or private degree-granting institution of higher education. Further, in the case of any five-year-old child who is subject to the provisions of this subsection, the requirements of this section may be alternatively satisfied by causing the child to attend any public educational pre-kindergarten program, including a Head Start program, or in a private, denominational, or parochial educational pre-kindergarten program. Instruction in the home of a child or children by the parent, guardian, or other person having control or charge of such child or children shall not be classified or defined as a private, denominational or parochial school. The requirements of this section shall apply to (i) any child in the custody of the Department of Juvenile Justice or the Department of Corrections who has not passed his eighteenth birthday and (ii) any child whom the division superintendent has required to take a special program of prevention, intervention, or remediation as provided in subsection C of § 22.1-253.13:1 and in § 22.1-254.01 . The requirements of this section shall not apply to (a) any person 16 through 18 years of age who is housed in an adult correctional facility when such person is actively pursuing the achievement of a passing score on a high school equivalency examination approved by the Board but is not enrolled in an individual student alternative education plan pursuant to subsection E, and (b) any child who has obtained a high school diploma or its equivalent, a certificate of completion, or has achieved a passing score on a high school equivalency examination approved by the Board, or who has otherwise complied with compulsory school attendance requirements as set forth in this article. B. A school board shall excuse from attendance at school: 1. Any pupil who, together with his parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school. For purposes of this subdivision, "bona fide religious training or belief" does not include essentially political, sociological or philosophical views or a merely personal moral code; and 2. On the recommendation of the juvenile and domestic relations district court of the county or city in which the pupil resides and for such period of time as the court deems appropriate, any pupil who, together with his parents, is opposed to attendance at a school by reason of concern for such pupil's health, as verified by competent medical evidence, or by reason of such pupil's reasonable apprehension for personal safety when such concern or apprehension in that pupil's specific case is determined by the court, upon consideration of the recommendation of the principal and division superintendent, to be justified. C. Each local school board shall develop policies for excusing students who are absent by reason of observance of a religious holiday. Such policies shall ensure that a student shall not be deprived of any award or of eligibility or opportunity to compete for any award, or of the right to take an alternate test or examination, for any which he missed by reason of such absence, if the absence is verified in a manner acceptable to the school board. D. A school board may excuse from attendance at school: 1. On recommendation of the principal and the division superintendent and with the written consent of the parent or guardian, any pupil who the school board determines, in accordance with regulations of the Board, cannot benefit from education at such school; or 2. On recommendation of the juvenile and domestic relations district court of the county or city in which the pupil resides, any pupil who, in the judgment of such court, cannot benefit from education at such school. E. Local school boards may allow the requirements of subsection A to be met under the following conditions: For a student who is at least 16 years of age, there shall be a meeting of the student, the student's parents, and the principal or his designee of the school in which the student is enrolled in which an individual student alternative education plan shall be developed in conformity with guidelines prescribed by the Board, which plan must include: 1. Career guidance counseling; 2. Mandatory enrollment and attendance in a preparatory program for passing a high school equivalency examination approved by the Board or other alternative education program approved by the local school board with attendance requirements that provide for reporting of student attendance by the chief administrator of such preparatory program or approved alternative education program to such principal or his designee; 3. Mandatory enrollment in a program to earn a Board-approved career and technical education credential, such as the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, the Armed Services Vocational Aptitude Battery, or the Virginia workplace readiness skills assessment; 4. Successful completion of the course in economics and personal finance required to earn a Board-approved high school diploma; 5. Counseling on the economic impact of failing to complete high school; and 6. Procedures for reenrollment to comply with the requirements of subsection A. A student for whom an individual student alternative education plan has been granted pursuant to this subsection and who fails to comply with the conditions of such plan shall be in violation of the compulsory school attendance law, and the division superintendent or attendance officer of the school division in which such student was last enrolled shall seek immediate compliance with the compulsory school attendance law as set forth in this article. Students enrolled with an individual student alternative education plan shall be counted in the average daily membership of the school division. F. A school board may, in accordance with the procedures set forth in Article 3 (§ 22.1-276.01 et seq.) of Chapter 14 and upon a finding that a school-age child has been (i) charged with an offense relating to the Commonwealth's laws, or with a violation of school board policies, on weapons, alcohol or drugs, or intentional injury to another person; (ii) found guilty or not innocent of a crime that resulted in or could have resulted in injury to others, or of an offense that is required to be disclosed to the superintendent of the school division pursuant to subsection G of § 16.1-260 ; (iii) suspended pursuant to § 22.1-277.05 ; or (iv) expelled from school attendance pursuant to § 22.1-277.06 or 22.1-277.07 or subsection C of § 22.1-277 , require the child to attend an alternative education program as provided in § 22.1-209.1:2 or 22.1-277.2:1 . G. Whenever a court orders any pupil into an alternative education program, including a program preparing students for a high school equivalency examination approved by the Board, offered in the public schools, the local school board of the school division in which the program is offered shall determine the appropriate alternative education placement of the pupil, regardless of whether the pupil attends the public schools it supervises or resides within its school division. The juvenile and domestic relations district court of the county or city in which a pupil resides or in which charges are pending against a pupil, or any court in which charges are pending against a pupil, may require the pupil who has been charged with (i) a crime that resulted in or could have resulted in injury to others, (ii) a violation of Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2, or (iii) any offense related to possession or distribution of any Schedule I, II, or III controlled substances to attend an alternative education program, including, but not limited to, night school, adult education, or any other education program designed to offer instruction to students for whom the regular program of instruction may be inappropriate. This subsection shall not be construed to limit the authority of school boards to expel, suspend, or exclude students, as provided in §§ 22.1-277.04 , 22.1-277.05 , 22.1-277.06 , 22.1-277.07 , and 22.1-277.2 . As used in this subsection, the term "charged" means that a petition or warrant has been filed or is pending against a pupil. H. Within one calendar month of the opening of school, each school board shall send to the parents or guardian of each student enrolled in the division a copy of the compulsory school attendance law and the enforcement procedures and policies established by the school board. I. The provisions of this article shall not apply to: 1. Children suffering from contagious or infectious diseases while suffering from such diseases; 2. Children whose immunizations against communicable diseases have not been completed as provided in § 22.1-271.2 ; 3. Children under 10 years of age who live more than two miles from a public school unless public transportation is provided within one mile of the place where such children live; 4. Children between the ages of 10 and 17, inclusive, who live more than 2.5 miles from a public school unless public transportation is provided within 1.5 miles of the place where such children live; and 5. Children excused pursuant to subsections B and D. Further, any child who will not have reached his sixth birthday on or before September 30 of each school year whose parent or guardian notifies the appropriate school board that he does not wish the child to attend school until the following year because the child, in the opinion of the parent or guardian, is not mentally, physically, or emotionally prepared to attend school, may delay the child's attendance for one year. The distances specified in subdivisions 3 and 4 shall be measured or determined from the child's residence to the entrance to the school grounds or to the school bus stop nearest the entrance to the residence of such children by the nearest practical routes which are usable for walking or riding. Disease shall be established by the certificate of a reputable practicing physician in accordance with regulations adopted by the Board. J. Subject to guidelines established by the Department, any student who is absent from school due to his mental or behavioral health shall be granted an excused absence. K. Subject to guidelines established by the Department, each school board (i) shall permit one school day-long excused absence per school year for any middle school or high school student in the local school division who is absent from school to engage in a civic event and (ii) may permit additional excused absences for such students who are absent for such purpose. Local school boards may require that the student provide advance notice of the intended absence and require that the student provide documentation of participation in a civic event. L. Subject to guidelines established by the Department, any student who is a member of a state-recognized or federally recognized tribal nation that is headquartered in the Commonwealth and who is absent from school to attend such tribal nation's pow wow gathering shall be granted one excused absence per academic year, provided that the parent of such student provides to the student's school advance notice of such absence in the manner required by the school. M. A student whose immediate family member is an active duty member of the uniformed services as defined in § 22.1-360, and whose family member has received orders for, is on leave from, or has recently returned from deployment outside the United States, shall be allotted five excused absences to visit with the family member in connection with such leave or deployment, provided that the student provides written documentation verifying such leave or deployment if requested by the local school division. Code 1950, § 22-275.1; 1952, c. 279; 1959, Ex. Sess., c. 72; 1968, c. 178; 1974, c. 199; 1976, cc. 681, 713; 1978, c. 518; 1980, c. 559; 1984, c. 436; 1989, c. 515; 1990, c. 797; 1991, c. 295; 1993, c. 903; 1996, cc. 163 , 916 , 964 ; 1997, c. 828 ; 1999, cc. 488 , 552 ; 2000, c. 184 ; 2001, cc. 688 , 820 ; 2003, c. 119 ; 2004, c. 251 ; 2006, c. 335 ; 2010, c. 605 ; 2012, cc. 454 , 642 ; 2014, c. 84 ; 2017, c. 330 ; 2018, cc. 486 , 585 ; 2020, c. 869 ; 2021, Sp. Sess. I, cc. 104 , 105 ; 2022, c. 233 ; 2026, c. 193 .

Va. Code Ann. § 22.1-254.1 Declaration of policy; requirements for home instruction of children

A. When the requirements of this section have been satisfied, instruction of children by their parents is an acceptable alternative form of education under the policy of the Commonwealth of Virginia. Any parent of any child who will have reached the fifth birthday on or before September 30 of any school year and who has not passed the eighteenth birthday may elect to provide home instruction in lieu of school attendance if he (i) holds a high school diploma; (ii) is a teacher of qualifications prescribed by the Board; (iii) provides the child with a program of study or curriculum, which may be delivered through a correspondence course or distance learning program or in any other manner; or (iv) provides evidence that he is able to provide an adequate education for the child. B. Any parent who elects to provide home instruction in lieu of school attendance shall annually notify the division superintendent in August of his intention to so instruct the child and provide a description of the curriculum, limited to a list of subjects to be studied during the coming year, and evidence of having met one of the criteria for providing home instruction as required by subsection A. Parents electing to provide home instruction shall provide such annual notice no later than August 15. Any parent who moves into a school division or begins home instruction after the school year has begun shall notify the division superintendent of his intention to provide home instruction as soon as practicable and shall thereafter comply with the requirements of this section within 30 days of such notice. The division superintendent shall notify the Superintendent of the number of students in the school division receiving home instruction. C. The parent who elects to provide home instruction shall provide the division superintendent by August 1 following the school year in which the child has received home instruction with either (i) evidence that the child has attained a composite score in or above the fourth stanine on any nationally normed standardized achievement test, or an equivalent score on the ACT, SAT, or PSAT test or (ii) an evaluation or assessment that the division superintendent determines to indicate that the child is achieving an adequate level of educational growth and progress, including (a) an evaluation letter from a person licensed to teach in any state, or a person with a master's degree or higher in an academic discipline, having knowledge of the child's academic progress, stating that the child is achieving an adequate level of educational growth and progress or (b) a report card or transcript from an institution of higher education, college distance learning program, or home-education correspondence school. In the event that evidence of progress as required in this subsection is not provided by the parent, the home instruction program for that child may be placed on probation for one year. Parents shall file with the division superintendent evidence of their ability to provide an adequate education for their child in compliance with subsection A and a remediation plan for the probationary year that indicates their program is designed to address any educational deficiency. Upon acceptance of such evidence and plan by the division superintendent, the home instruction may continue for one probationary year. If the remediation plan and evidence are not accepted or the required evidence of progress is not provided by August 1 following the probationary year, home instruction shall cease and the parent shall make other arrangements for the education of the child that comply with § 22.1-254 . The requirements of this subsection shall not apply to children who are under the age of six as of September 30 of the school year. D. Nothing in this section shall prohibit a pupil and his parents from obtaining an excuse from school attendance by reason of bona fide religious training or belief pursuant to subdivision B 1 of § 22.1-254 . E. Any party aggrieved by a decision of the division superintendent may appeal his decision within 30 days to an independent hearing officer. The independent hearing officer shall be chosen from the list maintained by the Executive Secretary of the Supreme Court for hearing appeals of the placements of children with disabilities. The costs of the hearing shall be apportioned among the parties by the hearing officer in a manner consistent with his findings. F. School boards shall make Advanced Placement (AP), Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT), and PreACT examinations available to students receiving home instruction pursuant to this section. School boards shall adopt written policies that specify the date by which such students shall register to participate in such examinations. School boards shall notify such students and their parents of such registration deadline and the availability of financial assistance to low-income and needy students to take such examinations. G. No division superintendent or local school board shall disclose to the Department or any other person or entity outside of the local school division information that is provided by a parent or student to satisfy the requirements of this section or subdivision B 1 of § 22.1-254 . However, a division superintendent or local school board may disclose, with the written consent of a student's parent, such information to the extent provided by the parent's consent. Nothing in this subsection shall prohibit a division superintendent from notifying the Superintendent of the number of students in the school division receiving home instruction as required by subsection B. 1984, c. 436; 1986, c. 215; 1991, c. 306; 1992, c. 131; 1993, c. 992; 1994, c. 854 ; 1998, c. 435 ; 1999, cc. 488 , 552 ; 2005, c. 377 ; 2006, cc. 562 , 567 , 911 , 932 ; 2008, cc. 364 , 553 ; 2012, cc. 547 , 587 ; 2015, cc. 567 , 590 , 592 ; 2016, c. 640 ; 2017, cc. 302 , 334 ; 2018, c. 516 ; 2022, c. 355 .

Va. Code Ann. § 22.1-254.01 Certain students required to attend summer school or after-school sessions

The division superintendent may seek immediate compliance with the compulsory school attendance law as set forth in § 22.1-254 after a reasonable effort to seek the student's attendance in the summer school program or after-school session has failed, including direct notification of the parents of such student of the attendance requirement and failure of the parents to secure the student's attendance, when: 1. A student is required to take a special program of prevention, intervention, or remediation in a public summer school program or to participate in another form of remediation as provided in subsection C of § 22.1-253.13:1 and in accordance with clause (ii) of subsection A of § 22.1-254 ; and 2. The division superintendent determines that remediation of the student's poor academic performance, passage of the Standards of Learning Assessment in grades three through eight, or promotion is related directly to the student's attendance in the summer school program or participation in another form of remediation. 1996, c. 163 ; 1997, cc. 466 , 828 ; 1998, cc. 602 , 627 , 902 ; 1999, cc. 488 , 552 ; 2006, cc. 41 , 834 .

Va. Code Ann. § 22.1-254.02 Students transferring from a public school

When a student transfers from a school division, such school division to the extent practicable, shall obtain written or electronic documentation of such transfer, in order to make an informed status classification of such student in an information management system prescribed by the Board of Education. 2008, c. 422 .

Va. Code Ann. § 22.1-254.2 Testing for high school equivalency; eligibility; guidelines

A. The Board of Education shall establish a program of testing for high school equivalency through which a person may pass a high school equivalency examination approved by the Board of Education through which persons may earn a high school equivalency certificate or may earn a diploma as provided in subsection F of § 22.1-253.13:4 . The following persons may participate in the testing program: 1. Persons who are at least 18 years of age and not enrolled in public school or not otherwise meeting the school attendance requirements set forth in § 22.1-254 ; 2. Persons 16 years of age or older who have been instructed by their parents in their home pursuant to § 22.1-254.1 and who have completed such home school instruction; 3. Persons who have been excused from school attendance pursuant to subsections B and D of § 22.1-254 ; 4. Persons for whom an individual student alternative education plan has been granted pursuant to subsection E of § 22.1-254 ; 5. Persons 16 through 18 years of age who are housed in adult correctional facilities and who are actively pursuing a passing score on a high school equivalency examination approved by the Board of Education but who are not enrolled in an individual student alternative education plan pursuant to subsection E of § 22.1-254 ; 6. Persons 16 years of age or older who have been expelled from school pursuant to §§ 22.1-277.06 through 22.1-277.08 ; and 7. Persons required by court order to participate in the testing program. Under no circumstances shall persons under the age of 16 be eligible for the testing program. B. From such funds as may be appropriated for this purpose, local school boards shall implement programs of preparation and testing for high school equivalency consistent with guidelines to be developed by the Board of Education. Such guidelines shall include a provision that allows preparatory and testing programs to be offered jointly by two or more school boards. 1989, c. 225; 1997, c. 458 ; 1999, cc. 488 , 552 ; 2003, c. 688 ; 2004, cc. 251 , 939 , 955 ; 2006, c. 335 ; 2010, c. 605 ; 2014, c. 84 .

Va. Code Ann. § 22.1-255 Nonresident children

Any person who has residing with him for a period of sixty days or more any child within the ages prescribed in § 22.1-254 whose parents or guardians reside in another state or the District of Columbia shall be subject to the provisions of § 22.1-254 and shall pay or cause to be paid any tuition charges for such child that may be required pursuant to § 22.1-5 or shall return such child to the home of his parents or legal guardians. Code 1950, § 22-220; 1958, c. 628; 1968, c. 178; 1976, cc. 681, 713; 1978, c. 140; 1980, c. 559.

Va. Code Ann. § 22.1-256 Repealed

Repealed by Acts 1999, cc. 488 and 552 .

Va. Code Ann. § 22.1-258 Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings

Every school board shall have power to appoint one or more attendance officers, who shall be charged with the enforcement of the provisions of this article. Where no attendance officer is appointed by the school board, the division superintendent or his designee shall act as attendance officer. Whenever any pupil fails to report to school on a regularly scheduled school day and no indication has been received by school personnel that the pupil's parent is aware of and supports the pupil's absence, a reasonable effort to notify by telephone the parent to obtain an explanation for the pupil's absence shall be made by either the school principal or his designee, the attendance officer, other school personnel, or volunteers organized by the school administration for this purpose. Any such volunteers shall not be liable for any civil damages for any acts or omissions resulting from making such reasonable efforts to notify parents and obtain such explanation when such acts or omissions are taken in good faith, unless such acts or omissions were the result of gross negligence or willful misconduct. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law or to affect any claim occurring prior to the effective date of this law. School divisions are encouraged to use noninstructional personnel for this notice. Whenever any pupil fails to report to school for a total of five scheduled school days for the school year and no indication has been received by school personnel that the pupil's parent is aware of and supports the pupil's absence, and a reasonable effort to notify the parent has failed, the school principal or his designee shall make a reasonable effort to ensure that direct contact is made with the parent in person, through telephone conversation, or through the use of other communications devices to obtain an explanation for the pupil's absence and to explain to the parent the consequences of continued nonattendance. The school principal or his designee, the pupil, and the pupil's parent shall jointly develop a plan to resolve the pupil's nonattendance. Such plan shall include documentation of the reasons for the pupil's nonattendance. If the pupil is absent for more than one additional day after direct contact with the pupil's parent, and school personnel have received no indication that the pupil's parent is aware of and supports the pupil's absence, the school principal or his designee shall schedule a conference with the pupil, his parent, and school personnel. Such conference may include the attendance officer and other community service providers to resolve issues related to the pupil's nonattendance. The conference shall be held no later than 10 school days after the tenth absence of the pupil, regardless of whether his parent approves of the conference. The conference team shall monitor the pupil's attendance and may meet again as necessary to address concerns and plan additional interventions if attendance does not improve. In circumstances in which the parent is intentionally noncompliant with compulsory attendance requirements or the pupil is resisting parental efforts to comply with compulsory attendance requirements, the principal or his designee shall make a referral to the attendance officer. The attendance officer shall schedule a conference with the pupil and his parent within 10 school days and may (i) file a complaint with the juvenile and domestic relations district court alleging the pupil is a child in need of supervision as defined in § 16.1-228 or (ii) institute proceedings against the parent pursuant to § 18.2-371 or 22.1-262 . In filing a complaint against the student, the attendance officer shall provide written documentation of the efforts to comply with the provisions of this section. In the event that both parents have been awarded joint physical custody pursuant to § 20-124.2 and the school has received notice of such order, both parents shall be notified at the last known addresses of the parents. An attendance officer, or a division superintendent or his designee when acting as an attendance officer pursuant to § 22.1-258 , may complete, sign, and file with the intake officer of the juvenile and domestic relations district court, on forms approved by the Supreme Court of Virginia, a petition for a violation of a school attendance order entered by the juvenile and domestic relations district court pursuant to § 16.1-278.5 in response to the filing of a petition alleging the pupil is a child in need of supervision as defined in § 16.1-228 . Nothing in this section shall be construed to limit in any way the authority of any attendance officer or division superintendent to seek immediate compliance with the compulsory school attendance law as set forth in this article. Attendance officers, other school personnel or volunteers organized by the school administration for this purpose shall be immune from any civil or criminal liability in connection with the notice to parents of a pupil's absence or failure to give such notice as required by this section. Code 1950, § 22-275.16; 1959, Ex. Sess., c. 72; 1980, c. 559; 1985, c. 482; 1990, c. 797; 1991, c. 295; 1996, cc. 891 , 916 , 964 ; 1998, c. 620 ; 1999, c. 526 ; 2010, c. 597 ; 2018, cc. 713 , 753 ; 2020, cc. 105 , 106 .

Va. Code Ann. § 22.1-259 Teachers to keep daily attendance records

A teacher in every public school in the Commonwealth shall keep an accurate daily record of attendance of all children, both (i) at the beginning of the school day and (ii) if applicable, for each class period, in accordance with regulations prescribed by the Board. Such record shall, at all times, be open to any officer authorized to enforce the provisions of this article who may inspect or copy the same and shall be admissible in evidence in any prosecution for a violation of this article as prima facie evidence of the facts stated therein. Code 1950, §§ 22-209, 22-275.15; 1959, Ex. Sess., c. 72; 1964, c. 119; 1968, c. 178; 1980, c. 559; 2025, c. 293 .

Va. Code Ann. § 22.1-260 Reports of children enrolled and not enrolled; nonattendance

A. Within 10 days after the opening of the school, each public school principal shall report to the division superintendent: 1. The name, age and grade of each student enrolled in the school, and the name and address of the student's parent or guardian; and 2. To the best of the principal's information, the name of each child subject to the provisions of this article who is not enrolled in school, with the name and address of the child's parent or guardian. B. At the end of each school year, each public school principal shall report to the division superintendent the number of students by grade level for whom a conference was scheduled as required by § 22.1-258 . The division superintendent shall compile such grade level information for the division and provide such information to the Superintendent of Public Instruction annually. Code 1950, §§ 22-275.8, 22-275.9; 1959, Ex. Sess., c. 72; 1980, c. 559; 1987, c. 374; 1988, c. 163; 1999, c. 526 ; 2003, c. 637 ; 2015, cc. 372 , 666 .

Va. Code Ann. § 22.1-261 Attendance officer to make list of children not enrolled; duties of attendance officer

The attendance officer or the division superintendent or his designee shall check the reports submitted pursuant to subsection A of § 22.1-260 with reports from the State Registrar of Vital Records and Health Statistics. From these reports and from any other reliable source the attendance officer or the division superintendent or his designee shall, within five days after receiving all reports submitted pursuant to subsection A of § 22.1-260 , make a list of the names of children who are not enrolled in any school and who are not exempt from school attendance. It shall be the duty of the attendance officer, on behalf of the local school board, to investigate all cases of nonenrollment and, when no valid reason is found therefor, to notify the parent, guardian or other person having control of the child to require the attendance of such child at the school within three days from the date of such notice. Code 1950, § 22-275.10; 1959, Ex. Sess., c. 72; 1980, c. 559; 1996, cc. 891 , 964 ; 1999, c. 526 ; 2010, cc. 386 , 597 , 629 .

Va. Code Ann. § 22.1-262 Complaint to court when parent fails to comply with law

A list of persons notified pursuant to § 22.1-261 shall be sent by the attendance officer to the appropriate school principal. If the parent (i) fails to comply with the provisions of § 22.1-261 within the time specified in the notice or (ii) fails to comply with the provisions of § 22.1-254 , it shall be the duty of the attendance officer, with the knowledge and approval of the division superintendent, to make complaint against the pupil's parent in the name of the Commonwealth before the juvenile and domestic relations district court. If proceedings are instituted against the parent for failure to comply with the provisions of § 22.1-258 , the attendance officer is to provide documentation to the court regarding the school division's compliance with § 22.1-258 . In addition thereto, such child may be proceeded against as a child in need of services or a child in need of supervision as provided in Chapter 11 (§ 16.1-226 et seq.) of Title 16.1. Code 1950, § 22-275.11; 1959, Ex. Sess., c. 72; 1976, c. 98; 1980, c. 559; 1990, c. 797; 1991, c. 295; 1996, cc. 891 , 964 ; 1999, c. 526 ; 2018, cc. 713 , 753 .

Va. Code Ann. § 22.1-263 Violation constitutes misdemeanor

Any person violating the provisions of either § 22.1-254 , except for clause (ii) of subsection A, §§ 22.1-255 , 22.1-258 , 22.1-267 , or the parental responsibility provisions relating to compulsory school attendance included in § 22.1-279.3 , shall be guilty of a Class 3 misdemeanor. Upon a finding that a person knowingly and willfully violated any provision of § 22.1-254 , except for clause (ii) of subsection A, or any provision of §§ 22.1-255 , 22.1-258 , or § 22.1-267 and that such person has been convicted previously of a violation of any provision of § 22.1-254 , except for clause (ii) of subsection A, or any provision of §§ 22.1-255 , 22.1-258 or § 22.1-267 , such person shall be guilty of a Class 2 misdemeanor. Code 1950, § 22-275.5; 1959, Ex. Sess., c. 72; 1976, c. 283; 1980, c. 559; 1990, c. 797; 1991, c. 295; 1996, cc. 891 , 964 ; 1999, cc. 488 , 526 , 552 ; 2004, c. 573 .

Va. Code Ann. § 22.1-264 Misdemeanor to make false statements as to age

Any person who makes a false statement concerning the age of a child between the ages set forth in § 22.1-254 for the purpose of evading the provisions of this article shall be guilty of a Class 4 misdemeanor. Code 1950, § 22-275.18; 1959, Ex. Sess., c. 72; 1968, c. 178; 1976, cc. 283, 681, 713; 1980, c. 559.

Va. Code Ann. § 22.1-264.1 Misdemeanor to make false statements as to school division or attendance zone residency; penalty

Any person who knowingly makes a false statement concerning the residency of a child, as determined by § 22.1-3 , in a particular school division or school attendance zone, for the purposes of (i) avoiding the tuition charges authorized by § 22.1-5 or (ii) enrollment in a school outside the attendance zone in which the student resides, shall be guilty of a Class 4 misdemeanor and shall be liable to the school division in which the child was enrolled as a result of such false statements for tuition charges, pursuant to § 22.1-5 , for the time the student was enrolled in such school division. 2005, c. 178 ; 2006, c. 143 .

Va. Code Ann. § 22.1-265 Inducing children to absent themselves

Any person who induces or attempts to induce any child to be absent unlawfully from school or who knowingly employs or harbors, while school is in session, any child absent unlawfully shall be guilty of a Class 3 misdemeanor and may be subject to the penalties provided by subdivision 5 a of subsection B of § 16.1-278.5 or § 18.2-371 . Upon a finding that a person knowingly and willfully violated the provisions of this section and that such person has been convicted previously of a violation of this section, such person shall be guilty of a Class 2 misdemeanor. Code 1950, § 22-275.19; 1959, Ex. Sess., c. 72; 1976, c. 283; 1980, c. 559; 1990, c. 797; 1991, cc. 295, 534; 1996, cc. 891 , 916 , 964 .

Va. Code Ann. § 22.1-266 Law-enforcement officers and truant children

A. Notwithstanding the provisions of § 16.1-246 , any law-enforcement officer as defined in § 9.1-101 or any attendance officer may pick up any child who (i) is reported to be truant from a public school by a school principal or division superintendent or (ii) the law-enforcement officer or attendance officer reasonably determines to be a public school student and by reason of the child's age and circumstances is either truant from public school or has been expelled from school and has been required to attend an alternative education program pursuant to § 22.1-254 or § 22.1-277.2:1 , and may deliver such child to the appropriate public school, alternative education program, or truancy center and personnel thereof without charging the parent or guardian of such child with a violation of any provision of law. B. Any such law-enforcement officer or attendance officer shall not be liable for any civil damages for any acts or omissions resulting from picking up or delivering a public school child as provided in subsection A when such acts or omissions are within the scope of the employment of such law-enforcement officer or attendance officer and are taken in good faith, unless such acts or omissions were the result of gross negligence or willful misconduct. This subsection shall not be construed to limit, withdraw or overturn any defense or immunity already existing in statutory or common law or to affect any claim occurring prior to the effective date of this law. C. For the purposes of this section, "truancy center" means a facility or site operated by a school division, sometimes jointly with the local law-enforcement agency, and designated for receiving children who have been retrieved by a law-enforcement officer or attendance officer for truancy from school. Code 1950, § 22-275.11:1; 1976, c. 692; 1978, c. 215; 1980, c. 559; 1999, cc. 395 , 1023 ; 2001, cc. 688 , 820 .

Va. Code Ann. § 22.1-267 Proceedings against habitually absent child

Any child permitted by any parent, guardian, or other person having control thereof to be habitually absent from school contrary to the provisions of this article may be proceeded against as a child in need of supervision as provided in Chapter 11 (§ 16.1-226 et seq.) of Title 16.1. Code 1950, § 22-275.20; 1959, Ex. Sess., c. 72; 1976, c. 98; 1980, c. 559; 1990, c. 797; 1991, c. 295.

Va. Code Ann. § 22.1-268 Duty of attorneys for the Commonwealth to prosecute cases arising under article; jurisdiction of offenses

It shall be the duty of the attorneys for the Commonwealth of the several counties and cities to prosecute all cases arising under this article. Juvenile and domestic relations district courts shall have exclusive original jurisdiction for the trial of such cases. Code 1950, § 22-275.21; 1959, Ex. Sess., c. 72; 1980, c. 559.

Va. Code Ann. § 22.1-269 Board to enforce

The Board of Education shall have the authority and it shall be its duty to see that the provisions of this article are properly enforced throughout the Commonwealth. Code 1950, § 22-275.23; 1959, Ex. Sess., c. 72; 1968, c. 178; 1980, c. 559.

Va. Code Ann. § 22.1-269.1 Alternative attendance programs

A. The Board of Education shall promulgate regulations for the voluntary participation of school divisions in programs to allow each school-age child to receive educational services at another public school, either in the division in which the child resides or in another division, as selected by the child's parent or guardian. Each public school in a school division participating in an alternative attendance program shall be eligible to participate in an alternative attendance program unless exceptional circumstances, as defined by the Board of Education, render the participation of the school contrary to public interest. B. The Board's regulations shall be promulgated under the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) and shall include, but shall not be limited to, provisions which address the following: the required acknowledgement by a local school of its decision to participate in an alternative attendance program, including school board resolutions for intradistrict programs and agreements between divisions participating in interdistrict programs; the equitable allocation of places to accommodate students when there are insufficient places to serve such students; transportation and school bus scheduling needs within the local school divisions; school enrollment capacity, class size, pupil-teacher ratios, and staffing levels for related instructional, administrative, and supervisory personnel as required by the Standards of Quality and the Standards for Accrediting Public Schools; the adequacy of school resources to accommodate an increase in student enrollment, grade level designations, and course offerings; the enrollment of students whose education is subject to an individualized education plan (I.E.P.) as required under P.L. 94-142 as amended; the preservation of the uniqueness of schools established for particular educational purposes; the fiscal impact of accommodating parental preference on local school divisions; in the case of interdistrict attendance programs, the establishment of tuition charges authorized by § 22.1-5 ; and the need to maintain racial balance in the public schools. The regulations shall also establish the value of educational services, based on consideration of per pupil expenditures and state aid in the affected school. Any local school board which has been ordered by a state or federal court to achieve racial balance in its public schools shall maintain such racial balance when accommodating preference in the assignment of children to a school. C. From such funds as may be appropriated, the Board shall provide for the independent evaluation of this alternative attendance program and shall submit the evaluation to the Governor, the Senate, and the House of Delegates by January 1 of each year. 1993, c. 947.

Va. Code Ann. § 22.1-270 Preschool physical examinations

A. No pupil shall be admitted for the first time to any public kindergarten or elementary school in a school division unless such pupil shall furnish, prior to admission, (i) a report from a qualified licensed physician, or a licensed advanced practice registered nurse or licensed physician assistant acting under the supervision of a licensed physician, of a comprehensive physical examination of a scope prescribed by the State Health Commissioner performed within the 12 months prior to the date such pupil first enters such public kindergarten or elementary school or (ii) records establishing that such pupil furnished such report upon prior admission to another school or school division and providing the information contained in such report. If the pupil is a homeless child or youth as defined in subdivision A 7 of § 22.1-3 , and for that reason cannot furnish the report or records required by clause (i) or (ii) of this subsection, and the person seeking to enroll the pupil furnishes to the school division an affidavit so stating and also indicating that, to the best of his knowledge, such pupil is in good health and free from any communicable or contagious disease, the school division shall immediately refer the student to the local school division liaison, as described in Subtitle VII-B of the federal McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. § 11431 et seq.) (the Act), who shall, as soon as practicable, assist in obtaining the necessary physical examination by the county or city health department or other clinic or physician's office and shall immediately admit the pupil to school, as required by such Act. B. The physician, or licensed advanced practice registered nurse or licensed physician assistant acting under the supervision of a licensed physician, making a report of a physical examination required by this section shall, at the end of such report, summarize the abnormal physical findings, if any, and shall specifically state what, if any, conditions are found that would identify the child as having a disability. C. Such physical examination report shall be placed in the child's health record at the school and shall be made available for review by any employee or official of the State Department of Health or any local health department at the request of such employee or official. D. Such physical examination shall not be required of any child whose parent shall object on religious grounds and who shows no visual evidence of sickness, provided that such parent shall state in writing that, to the best of his knowledge, such child is in good health and free from any communicable or contagious disease. E. The health departments of all of the counties and cities of the Commonwealth shall conduct such physical examinations for medically indigent children without charge upon request and may provide such examinations to others on such uniform basis as such departments may establish. F. Parents of entering students shall complete a health information form which shall be distributed by the local school divisions. Such forms shall be developed and provided jointly by the Department of Education and Department of Health, or developed and provided by the school division and approved by the Superintendent of Public Instruction. Such forms shall be returnable within 15 days of receipt unless reasonable extensions have been granted by the superintendent or his designee. Upon failure of the parent to complete such form within the extended time, the superintendent may send to the parent written notice of the date he intends to exclude the child from school; however, no child who is a homeless child or youth as defined in subdivision A 7 of § 22.1-3 shall be excluded from school for such failure to complete such form. Code 1950, § 22-220.1; 1972, c. 761; 1973, c. 300; 1974, c. 160; 1979, cc. 120, 260; 1980, c. 559; 1982, c. 510; 1983, c. 195; 1985, c. 334; 2000, cc. 209 , 617 , 646 ; 2001, c. 261 ; 2004, cc. 500 , 967 ; 2018, c. 394 ; 2019, c. 586 ; 2023, cc. 148 , 149 , 183 .

Va. Code Ann. § 22.1-271 Repealed

Repealed by Acts 1982, c. 510.

Va. Code Ann. § 22.1-271.1 Definitions

For the purpose of § 22.1-271.2 : "Admit" or "admission" means the official enrollment or reenrollment for attendance at any grade level, whether full-time or part-time, of any student by any school. "Admitting official" means the school principal or his designated representative if a public school; if a nonpublic school or child-care center, the principal, headmaster or director of the school or center. "Documentary proof" means written certification that a student has been immunized, such certificate to be on a form provided by the State Department of Health and signed by the licensed immunizing physician or an employee of the immunizing local health department. "Student" means any person who seeks admission to a school, or for whom admission to a school is sought by a parent or guardian, and who will not have attained the age of 20 years by the start of the school term for which admission is sought. "Immunized" or "immunization" means initial immunization and any boosters or reimmunizations required by § 32.1-46 . "School" means (i) any public school from kindergarten through grade 12 operated under the authority of any locality within the Commonwealth, (ii) any private or religious school that offers instruction at any level or grade from kindergarten through grade twelve, and (iii) any private or religious nursery school or preschool, or any private or religious child-care center required to be licensed by the Commonwealth. 1982, c. 510; 1983, c. 433; 2005, c. 928 .

Va. Code Ann. § 22.1-271.2 Immunization requirements

A. No student shall be admitted by a school unless at the time of admission the student or his parent submits documentary proof of immunization to the admitting official of the school or unless the student is exempted from immunization pursuant to subsection C or is a homeless child or youth as defined in subdivision A 7 of § 22.1-3 . If a student does not have documentary proof of immunization, the school shall notify the student or his parent (i) that it has no documentary proof of immunization for the student; (ii) that it may not admit the student without proof unless the student is exempted pursuant to subsection C, including any homeless child or youth as defined in subdivision A 7 of § 22.1-3 ; (iii) that the student may be immunized and receive certification by a licensed physician, a licensed advanced practice registered nurse, a registered nurse, or an employee of a local health department; and (iv) how to contact the local health department to learn where and when it performs these services. Neither this Commonwealth nor any school or admitting official shall be liable in damages to any person for complying with this section. Any physician, advanced practice registered nurse, registered nurse, or local health department employee performing immunizations shall provide to any person who has been immunized or to his parent, upon request, documentary proof of immunizations conforming with the requirements of this section. B. Any student whose immunizations are incomplete may be admitted conditionally if that student provides documentary proof at the time of enrollment of having received at least one dose of the required immunizations accompanied by a schedule for completion of the required doses within 90 calendar days. If the student requires more than two doses of hepatitis B vaccine, the conditional enrollment period shall be 180 calendar days. The immunization record of each student admitted conditionally shall be reviewed periodically until the required immunizations have been received. Any student admitted conditionally and who fails to comply with his schedule for completion of the required immunizations shall be excluded from school until his immunizations are resumed. C. No certificate of immunization shall be required for the admission to school of any student if (i) the student or his parent submits an affidavit to the admitting official stating that the administration of immunizing agents conflicts with the student's religious tenets or practices; or (ii) the school has written certification from a licensed physician, a licensed advanced practice registered nurse, or a local health department that one or more of the required immunizations may be detrimental to the student's health, indicating the specific nature and probable duration of the medical condition or circumstance that contraindicates immunization. However, if a student is a homeless child or youth as defined in subdivision A 7 of § 22.1-3 and (a) does not have documentary proof of necessary immunizations or has incomplete immunizations and (b) is not exempted from immunization pursuant to clause (i) or (ii), the school division shall immediately admit such student and shall immediately refer the student to the local school division liaison, as described in the federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001, as amended (42 U.S.C. § 11431 et seq.)(the Act), who shall assist in obtaining the documentary proof of, or completing, immunization and other services required by such Act. D. The admitting official of a school shall exclude from the school any student for whom he does not have documentary proof of immunization or notice of exemption pursuant to subsection C, including notice that such student is a homeless child or youth as defined in subdivision A 7 of § 22.1-3 . E. Every school shall record each student's immunizations on the school immunization record. The school immunization record shall be a standardized form provided by the State Department of Health, which shall be a part of the mandatory permanent student record. Such record shall be open to inspection by officials of the State Department of Health and the local health departments. The school immunization record shall be transferred by the school whenever the school transfers any student's permanent academic or scholastic records. Within 30 calendar days after the beginning of each school year or entrance of a student, each admitting official shall file a report with the local health department. The report shall be filed on forms prepared by the State Department of Health and shall state the number of students admitted to school with documentary proof of immunization, the number of students who have been admitted with a medical or religious exemption and the number of students who have been conditionally admitted, including those students who are homeless children or youths as defined in subdivision A 7 of § 22.1-3 . F. The requirement for Haemophilus Influenzae Type b immunization as provided in § 32.1-46 shall not apply to any child admitted to any grade level, kindergarten through grade 12. G. The Board of Health shall promulgate rules and regulations for the implementation of this section in congruence with rules and regulations of the Board of Health promulgated under § 32.1-46 and in cooperation with the Board of Education. 1982, c. 510; 1983, c. 433; 1988, c. 216; 1989, c. 382; 2000, c. 476 ; 2004, c. 500 ; 2011, c. 125 ; 2012, c. 181 ; 2019, c. 586 ; 2023, c. 183 .

Va. Code Ann. § 22.1-271.3 Guidelines for school attendance for children infected with human immunodeficiency virus; school personnel training required; notification of school personnel in certain cases

A. The Board, in cooperation with the Board of Health, shall develop, and revise as necessary, model guidelines for school attendance for children infected with human immunodeficiency virus. The Board shall distribute copies of these guidelines to each division superintendent and every school board member in the Commonwealth immediately following development or revision. B. Each school board shall adopt guidelines for school attendance for children with human immunodeficiency virus. Such guidelines shall be consistent with the model guidelines for such school attendance developed by the Board. C. Every school board shall ensure that all school personnel having direct contact with students receive appropriate training in the etiology, prevention, transmission modes, and effects of blood-borne pathogens, specifically, hepatitis B and human immunodeficiency viruses or any other infections that are the subject of regulations promulgated by the Safety and Health Codes Board of the Virginia Occupational Safety and Health Program within the Department of Labor and Industry. D. Upon notification by a school employee who believes he has been involved in a possible exposure-prone incident that may have exposed the employee to the blood or body fluids of a student, the division superintendent shall contact the local health director who, upon immediate investigation of the incident, shall determine if a potentially harmful exposure has occurred and make recommendations, based upon all information available to him, regarding how the employee can reduce any risks from such exposure. The division superintendent shall share these recommendations with the school employee. Except as permitted by § 32.1-45.1 , the division superintendent and the school employee shall not divulge any information provided by the local health director regarding such student. The information provided by the local health director shall be subject to any applicable confidentiality requirements set forth in Chapter 2 (§ 32.1-35 et seq.) of Title 32.1. 1989, c. 613; 1997, c. 685 ; 2003, c. 1 ; 2022, c. 355 .

Va. Code Ann. § 22.1-271.4 Health requirements for home-instructed, exempted, and excused children

In addition to compliance with the requirements of subsection B, D, or I of § 22.1-254 or § 22.1-254.1 , any parent, guardian or other person having control or charge of a child being home instructed, exempted or excused from school attendance shall comply with the immunization requirements provided in § 32.1-46 in the same manner and to the same extent as if the child has been enrolled in and is attending school. Upon request by the division superintendent, the parent shall submit to such division superintendent documentary proof of immunization in compliance with § 32.1-46 . No proof of immunization shall be required of any child upon submission of (i) an affidavit to the division superintendent stating that the administration of immunizing agents conflicts with the parent's or guardian's religious tenets or practices or (ii) a written certification from a licensed physician, licensed advanced practice registered nurse, or local health department that one or more of the required immunizations may be detrimental to the child's health, indicating the specific nature of the medical condition or circumstance that contraindicates immunization. 1993, c. 659; 1999, cc. 488 , 552 ; 2010, c. 605 ; 2011, c. 125 ; 2023, c. 183 .

Va. Code Ann. § 22.1-271.5 Guidelines and policies and procedures on concussions in student-athletes

A. The Board of Education shall develop, biennially update, and distribute to each local school division guidelines on policies to inform and educate coaches, student-athletes, and student-athletes' parents or guardians of the nature and risk of concussions, criteria for removal from and return to play, risks of not reporting the injury and continuing to play, and the effects of concussions on student-athletes' academic performance. B. Each local school division shall develop and biennially update policies and procedures regarding the identification and handling of suspected concussions in student-athletes. Such policies shall: 1. Require that in order to participate in any extracurricular physical activity, each student-athlete and the student-athlete's parent or guardian shall review, on an annual basis, information on concussions provided by the local school division. After having reviewed materials describing the short- and long-term health effects of concussions, each student-athlete and the student-athlete's parent or guardian shall sign a statement acknowledging receipt of such information, in a manner approved by the Board of Education; 2. Require a student-athlete suspected by that student-athlete's coach, athletic trainer, or team physician of sustaining a concussion or brain injury in a practice or game to be removed from the activity at that time. A student-athlete who has been removed from play, evaluated, and suspected to have a concussion or brain injury shall not return to play that same day nor until (i) evaluated by an appropriate licensed health care provider as determined by the Board of Education and (ii) in receipt of written clearance to return to play from such licensed health care provider. The licensed health care provider evaluating student-athletes suspected of having a concussion or brain injury may be a volunteer; and 3. Include a "Return to Learn Protocol" with the following requirements: a. School personnel shall be alert to cognitive and academic issues that may be experienced by a student who has suffered a concussion or other head injury, including (i) difficulty with concentration, organization, and long-term and short-term memory; (ii) sensitivity to bright lights and sounds; and (iii) short-term problems with speech and language, reasoning, planning, and problem solving; and b. School personnel shall accommodate the gradual return to full participation in academic activities of a student who has suffered a concussion or other head injury as appropriate, based on the recommendation of the student's licensed health care provider as to the appropriate amount of time that such student needs to be away from the classroom. C. Each non-interscholastic youth sports program utilizing public school property shall either (i) establish policies and procedures regarding the identification and handling of suspected concussions in student-athletes, consistent with either the local school division's policies and procedures developed in compliance with this section or the Board's Guidelines for Policies on Concussions in Student-Athletes, or (ii) follow the local school division's policies and procedures as set forth in subsection B. In addition, local school divisions may provide the guidelines to organizations sponsoring athletic activity for student-athletes on school property. Local school divisions shall not be required to enforce compliance with such policies. D. As used in this section, "non-interscholastic youth sports program" means a program organized for recreational athletic competition or recreational athletic instruction for youth. 2010, c. 483 ; 2014, cc. 746 , 760 ; 2016, c. 151 ; 2019, c. 142 .

Va. Code Ann. § 22.1-271.6 School division policies and procedures on concussions in students

The Board of Education shall amend its guidelines for school division policies and procedures on concussions in student-athletes to include a "Return to Learn Protocol" with the following requirements: 1. School personnel shall be alert to cognitive and academic issues that may be experienced by a student who has suffered a concussion or other head injury, including (i) difficulty with concentration, organization, and long-term and short-term memory; (ii) sensitivity to bright lights and sounds; and (iii) short-term problems with speech and language, reasoning, planning, and problem solving; and 2. School personnel shall accommodate the gradual return to full participation in academic activities of a student who has suffered a concussion or other head injury as appropriate, based on the recommendation of the student's licensed health care provider as to the appropriate amount of time that such student needs to be away from the classroom. 2014, c. 349 ; 2016, c. 151 .

Va. Code Ann. § 22.1-271.7 Public middle and high school student-athletes; preparticipation physical examination

A. As used in this section, "Preparticipation Physical Evaluation form" means the most recent Preparticipation Physical Evaluation form developed jointly by the American Academy of Family Physicians, American Academy of Pediatrics, American College of Sports Medicine, American Medical Society for Sports Medicine, American Orthopaedic Society for Sports Medicine, and American Osteopathic Academy of Sports Medicine. B. No public middle or high school student shall be a participant on or try out for any interscholastic athletic team or squad unless such student has submitted to the school principal a signed Preparticipation Physical Evaluation form from a licensed physician, a licensed advanced practice registered nurse practicing in accordance with the provisions of § 54.1-2957 , or a licensed physician assistant acting under the supervision of a licensed physician attesting that such student received a physical examination and was found to be physically fit for athletic competition no more than 14 calendar months prior to the date on which such report was signed. C. No public middle or high school shall become a member of any organization or entity whose purpose it is to regulate or govern interscholastic programs that does not deem eligible for participation a student who has, pursuant to subsection B, submitted a signed Preparticipation Physical Evaluation form to the school principal attesting that such student received a physical examination and was found to be physically fit for athletic competition no more than 14 calendar months prior to the date on which such report was signed. 2016, c. 692 ; 2018, c. 776 ; 2023, c. 183 ; 2025, cc. 514 , 517 .

Va. Code Ann. § 22.1-271.8 Sudden cardiac arrest prevention in student-athletes

Va. Code Ann. § 22.1-271.9 Cardiac emergency response or emergency action plans required

A. As used in this section: "Athletic emergency action plan" or "athletic EAP" means an emergency action plan that establishes and details emergency management and response preparations, strategies, and guidelines specifically for emergencies that occur in an athletic setting, including sports-related health emergencies and physical injuries that occur in the course of participating in athletic practices, games, competition, or other events. "Automated External Defibrillator" or "AED" means a lightweight, portable device that delivers an electric shock through the chest to the heart for the purpose of potentially stopping an irregular heartbeat or arrhythmia and allowing a normal heartbeat rhythm to resume following sudden cardiac arrest. "Cardiac emergency response plan" or "CERP" means a written document that establishes the specific steps to reduce death from sudden cardiac arrest that occurs on school grounds. "CPR" means cardiopulmonary resuscitation. "High-need school" means any public elementary or secondary school (i) at which at least 50 percent of children are eligible to receive free and reduced-price meals; (ii) that participates in the federal Community Eligibility Provision or any federal, state, or local universal free meals program; or (iii) that is classified as a Title I school pursuant to Title I, Part A of the federal Elementary and Secondary Education Act of 1965, P.L. 89-10, as amended. "Sudden cardiac arrest" means a condition whereby the heart unexpectedly malfunctions and stops beating and that is likely to lead to death if not treated within minutes. B. Each public elementary or secondary school shall develop and implement a cardiac emergency response plan or an athletic emergency action plan that addresses the appropriate use of school personnel to respond to incidents involving an individual who is experiencing sudden cardiac arrest or a similar life-threatening emergency (i) while on school grounds and (ii) in the event that such school has an athletic department or organized athletic program, while attending or participating in an athletic practice or event sponsored by such school or conducted as a part of such school's athletic department or organized athletic program. Any public elementary or secondary school that has an athletic department or organized athletic program shall at all times have either a CERP or athletic EAP in place. Each such CERP or athletic EAP shall integrate nationally recognized evidence-based core elements and nationally recognized evidence-based guidelines and shall integrate provisions and guidelines, consistent with relevant law, relating to: 1. Establishing a cardiac emergency response team; 2. Activating such team in response to a sudden cardiac event; 3. Integrating the CERP or athletic EAP into the local community's emergency medical services response protocols in accordance with subsection C; 4. Practicing at least annually responses to sudden cardiac arrest on school grounds through the use of drills; 5. Placing and routinely maintaining AEDs in the school building in accordance with nationally recognized evidence-based guidelines; 6. Placing clearly marked and easily accessible AEDs at each venue where school-sponsored athletic practices or competitions are held; 7. Determining, in accordance with guidelines set by the American Heart Association or other organization focused on emergency cardiovascular care, the placement of any AED in a school building or venue pursuant to subdivisions 5 and 6 and ensuring that any such AED is identified with appropriate signage and is on-site or made available in an unlocked location on school property in a manner such that the AED can be accessed and placed on an individual experiencing sudden cardiac arrest or a similar life-threatening emergency within three minutes; 8. Ensuring training in first aid, CPR, and the use of AEDs by appropriate staff, including school nurses, athletic trainers, and coaches, that follows evidence-based guidelines set forth by the American Heart Association or nationally recognized guidelines focused on emergency cardiovascular care; 9. Disseminating the CERP or athletic EAP to appropriate individuals throughout the school community; and 10. Reviewing, evaluating, and, as necessary, amending the CERP or athletic EAP on an ongoing and annual basis. C. Public elementary or secondary school officials shall work directly with local emergency service providers to integrate the CERP or athletic EAP into the local community's emergency medical services response protocols. 2025, cc. 372 , 382 .

Va. Code Ann. § 22.1-271.10 Guidelines and policies on student-athlete extreme heat safety and protection

A. The Board shall develop, biennially review and update as necessary, and distribute to each local school division guidelines on policies relating to extreme heat safety and protection for student-athletes that inform coaches, student-athletes, and student-athletes' parents of risks associated with and best-practices and strategies for ensuring the safety and protection of student-athletes when engaging in outdoor physical activity in times of extreme heat. B. Each school board shall develop and update, in accordance with the guidelines developed by the Board pursuant to subsection A, policies on student-athlete extreme heat safety and protection. Such policies shall: 1. Be consistent with any heat guidelines based on Wet Bulb Globe Temperature (WBGT) levels developed by an organization or entity whose purpose it is to regulate or govern interscholastic athletics programs in the Commonwealth; 2. Include parameters relating to the scheduling of outdoor athletics practices or games during different WBGT levels and establishing the WBGT levels at which outdoor athletics practices or games shall be cancelled; 3. Establish a heat-acclimatization and modification procedure for outdoor athletics practices or games consisting of at least five tiers of procedures for outdoor athletics practices or games based on heat or humidity levels, with the first tier outlining heat-acclimatization and modification procedures for the lowest heat or humidity level requiring special student-athlete safety and protection precautions and the final tier outlining heat-acclimatization and modification procedures for the most severe heat or humidity level before the level at which all outdoor athletics practices or games shall be cancelled pursuant to subdivision 2. Such tiered heat-acclimatization and modification procedures shall include required equipment modification, if applicable for the sport, modification of work-to-rest ratios, modification of water break requirements, and procedures relating to the use of shaded areas for rest breaks; 4. Require (i) each student-athlete to be given unhindered access at all times to hydration and a cooling space, which may be a shaded or air-conditioned area, and (ii) each student-athlete and each coach to be provided ice at any time there is a WBGT level of 80 degrees Fahrenheit or higher; 5. Include procedures relating to preventing, recognizing, and addressing heat-related illnesses, including dehydration, heat syncope, heat exhaustion, and heat stroke; and 6. Establish a process for reporting and investigating any instance in which a student-athlete experiences a severe heat-related illness requiring emergency medical treatment or resulting in death. 2025, cc. 478 , 493 .

Va. Code Ann. § 22.1-272 Contagious and infectious diseases

Persons suffering with contagious or infectious disease shall be excluded from the public schools while in that condition. Code 1950, § 22-249; 1968, c. 445; 1970, c. 526; 1973, c. 491; 1974, c. 160; 1977, c. 220; 1979, c. 262; 1980, c. 559.

Va. Code Ann. § 22.1-272.1 Responsibility to contact parent of student at imminent risk of suicide; notice to be given to social services if parental abuse or neglect; Board of Education to develop guidelines for parental contact

A. Any person licensed as administrative or instructional personnel by the Board of Education and employed by a local school board who in the scope of his employment has reason to believe, as a result of direct communication from a student, that such student is at imminent risk of suicide shall, as soon as practicable, (i) contact at least one of such student's parents to ask whether such parent is aware of the student's mental state and whether the parent wishes to obtain or has already obtained counseling for such student and (ii) provide to the parent materials on suicide prevention that shall include information on the legal requirements set forth in § 18.2-56.2 relating to the safe storage of firearms in the presence of minors and that may include guidance on best practices and strategies for limiting a student's access to lethal means, including firearms and medications. Such contact shall be made and any materials on suicide prevention provided shall be selected in accordance with the provisions of the guidelines required by subsection C. B. If the student has indicated that the reason for being at imminent risk of suicide relates to parental abuse or neglect, this contact shall not be made with the parent. Instead, the person shall, as soon as practicable, notify the local department of social services of the county or city wherein the child resides or wherein the abuse or neglect is believed to have occurred or the state Department of Social Services' toll-free child abuse and neglect hotline, as required by § 63.2-1509 . When giving this notice to the local or state department, the person shall stress the need to take immediate action to protect the child from harm. C. The Board of Education, in cooperation with the Department of Behavioral Health and Developmental Services and the Department of Health, shall develop guidelines for making the contact required by subsection A. These guidelines shall include, but need not be limited to, (i) criteria to assess the suicide risks of students; (ii) characteristics to identify potentially suicidal students; (iii) appropriate responses to students expressing suicidal intentions; (iv) available and appropriate community services for students expressing suicidal intentions; (v) suicide prevention strategies that may be implemented by local schools for students expressing suicidal intentions; (vi) criteria for notification of and discussions with parents of students expressing suicidal intentions; (vii) criteria for as-soon-as-practicable contact with the parents; (viii) criteria for selecting materials on suicide prevention, including those relating to safe firearm storage and best practices and strategies for limiting a student's access to lethal means, to be provided to the parent of any student expressing suicidal intentions, including materials that have been pre-approved for such use by the Board; (ix) appropriate sensitivity to religious beliefs; and (x) legal requirements and criteria for notification of public service agencies, including, but not limited to, the local or state social services and mental health agencies. These guidelines may include case studies and problem-solving exercises and may be designed as materials for in-service training programs for licensed administrative and instructional personnel. 1999, c. 425 ; 2009, cc. 813 , 840 ; 2025, c. 525 .

Va. Code Ann. § 22.1-272.1:1 School-connected student overdose policies; parental notification; guidelines

A. As used in this section: "Overdose" means a life-threatening condition resulting from the consumption or use of a controlled substance. "School-connected student overdose" means any overdose of a student enrolled in a public or private elementary or secondary school in the Commonwealth that occurs (i) on the premises of such school during regular school hours or (ii) during school-sanctioned activities whether on or off the premises of such school. "Suspected school-connected student overdose" means a school-connected student overdose that is believed to have occurred and for which the response is the administration of naloxone, another opioid antagonist, or another similar medication with the intent to counter or temporarily reverse the effects of such overdose. B. Each school principal or his designee shall notify the parent of each student enrolled in the relevant public elementary or secondary school within 24 hours of the earlier of (i) law enforcement or medical personnel confirming a school-connected student overdose or (ii) the school principal having knowledge of a suspected school-connected student overdose. The parental notification shall include information that is available at the time on (a) the name or any identifiable features of the controlled substance and (b) whether the confirmed or suspected overdose occurred on school premises during regular school hours or during school-sanctioned activities whether on or off school premises. The school principal or his designee shall use methods of communication for such parental notifications that are considered regular forms of communication for other schoolwide notifications. Within 24 hours after any parental notification made pursuant to this subsection, each school principal or his designee shall also provide a similar notification to the Department. C. Each school principal or his designee shall issue an updated notification to the parent of each student in the relevant elementary or secondary school to correct any inaccuracy subsequently discovered after the initial notification made pursuant to subsection B. D. Each principal, headmaster, or other chief administrator of each private elementary or secondary school in the Commonwealth or his designee shall notify the parent of each student enrolled in such school within 24 hours of the earlier of (i) law enforcement or medical personnel confirming a school-connected student overdose or (ii) the principal, headmaster, or other chief administrator having knowledge of a suspected school-connected student overdose. The parental notification shall include information that is available at the time on (a) the name or any identifiable features of the controlled substance and (b) whether the confirmed or suspected overdose occurred on school premises during regular school hours or during school-sanctioned activities whether on or off school premises. The principal, headmaster, or other chief administrator or his designee shall use methods of communication for such parental notifications that are considered regular forms of communication for other schoolwide notifications. Within 24 hours after any parental notification made pursuant to this subsection, each principal, headmaster, or other chief administrator or his designee shall also provide a similar notification to the Virginia Council for Private Education. E. Each principal, headmaster, or other chief administrator or his designee shall issue an updated notification to the parent of each student enrolled in such school to correct any inaccuracy subsequently discovered after the initial notification made pursuant to subsection D. F. The Board shall establish and maintain guidelines for school-connected student overdose response and parental notification policies to aid local school boards and private elementary or secondary schools in the implementation of such policies. The guidelines shall include (i) a model action plan for each school board and private elementary or secondary school to follow in responding to any school-connected student overdose, including, if applicable, communicating and coordinating with (a) the Department and (b) the applicable law-enforcement liaison or the local law-enforcement agency that, pursuant to § 22.1-280.2:3 , employs such school division's school resource officers; (ii) criteria for issuing parental notifications pursuant to subsections B through E to ensure sensitivity to the privacy interests of affected individuals and compliance with any applicable law, rules, or regulations relating to the disclosure and protection of a minor's personal, confidential, or otherwise sensitive information, including the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) (FERPA) and related regulations; and (iii) guidance on (a) issuing parental notifications pursuant to subsections B through E in scenarios under which the facts or circumstances are unclear and (b) the division superintendent issuing divisionwide parental notifications of school-connected student overdoses when such notifications may be warranted, including a series of overdoses involving multiple students over a short period of time. G. Each school board shall adopt, implement, and maintain policies consistent with subsections B and C and the guidelines developed by the Board pursuant to subsection F. Each private elementary or secondary school shall adopt, implement, and maintain policies consistent with subsections D and E and the guidelines developed by the Board pursuant to subsection F. H. Notwithstanding any other provision of this section, each local school board, division superintendent, and public or private elementary or secondary school administrator or other employee shall take reasonable steps to protect the privacy and dignity of individuals involved in any confirmed or suspected school-connected student overdose. 2024, c. 843 ; 2025, cc. 576 , 583 .

Va. Code Ann. § 22.1-272.2 Department; model memorandum of understanding; partnerships with community mental health services providers or a nationally recognized school-based telehealth provider

A. The Department, in consultation with the Department of Behavioral Health and Developmental Services and the Department of Medical Assistance Services, shall develop, adopt, and distribute to each school board a model memorandum of understanding between a school board and a public or private community mental health services provider or a nationally recognized school-based telehealth provider that (i) sets forth parameters for the provision of mental health services to public school students enrolled in the local school division by such provider, including the provision of mental health teletherapy for students outside of regular school hours and during regular school hours on school property and the provision of counseling for students by school counselors by way of telehealth and including a requirement for parental consent before the provision of any such services to any student who is under 18 years of age; (ii) reflects effective practices; and (iii) addresses privacy considerations related to the exchange of information between the parties to the memorandum of understanding and relevant laws and regulations. The Department shall maintain and update as necessary the model memorandum of understanding to ensure that it remains current, useful, and relevant. B. Any school board may provide school-based mental health teletherapy services and permit any public school student in the school division to schedule and participate in mental health teletherapy services on school property during regular school hours on the same basis as such students are permitted to schedule and participate in school counseling services. C. Any school board that chooses to provide such mental health teletherapy services pursuant to subsection B shall (i) enter into a memorandum of understanding with a nationally recognized school-based telehealth provider in accordance with the model memorandum of understanding developed by the Department pursuant to subsection A that ensures and sets forth parameters for the provision of mental health teletherapy services for students during regular school hours and (ii) develop and implement, pursuant to § 22.1-272.3, policies and guidance for permitting any public school student in the school division to schedule and participate in mental health teletherapy services on school property during regular school hours. 2023, c. 349 ; 2024, c. 534 ; 2025, cc. 555 , 563 , 628 , 666 .

Va. Code Ann. § 22.1-272.3 Student access to telehealth services; school division policies

A. In order to increase access to health care services for students, each school board shall consider developing and implementing policies for permitting any public school student in the school division to schedule and participate in telehealth services and mental health teletherapy services on school property during regular school hours with parental consent. Any school board that implements and develops policies for permitting any public school student in the school division to schedule and participate in mental health teletherapy services shall enter into a memorandum of understanding with a nationally recognized school-based telehealth provider in accordance with the model memorandum of understanding developed by the Department pursuant to § 22.1-272.2 . B. Any such policies developed and implemented by a school board for permitting any public school student in the school division to schedule and participate in telehealth services and mental health teletherapy services pursuant to subsection A shall: 1. Permit any public school student in the school division to schedule and participate in telehealth and mental health teletherapy services on school property during regular school hours on the same basis as such students are permitted to schedule and participate in school counseling services; 2. Require each public elementary and secondary school at which such telehealth services are provided to (i) designate a location in such school for students to use for such telehealth appointments that ensures the privacy and safety of such students and has Internet access and (ii) implement measures to ensure the privacy and safety of each student participating in a telehealth appointment; 3. Prohibit any student from being subject to any disciplinary measure or consequence for participating in a telehealth appointment during regular school hours if such student would not be subject to disciplinary measures or consequences for an absence for the purpose of receiving any health care services in person during regular school hours; and 4. Include such other requirements as the school board deems necessary and appropriate. C. Any such policies developed and implemented by a school board for permitting any public school student in the school division to schedule and participate in telehealth services and mental health teletherapy services shall, in addition to the requirements set forth of subsection B, be consistent with, but may be more comprehensive than, the parameters set forth in the memorandum of understanding between the school board and the nationally recognized school-based telehealth provider developed by the school board pursuant to § 22.1-272.2 . D. Each school board that develops and implements any policies in accordance with this section shall provide guidance relating to the implementation of such policies for administrative and instructional personnel and shall post such guidance in a publicly accessible location on its website at the beginning of each school year. 2025, cc. 555 , 563 .

Va. Code Ann. § 22.1-273 Vision and hearing of student to be tested; exceptions

A. As used in this section: "Comprehensive vision program" means a program that incorporates the following quality-controlled requirements: 1. Program staff who perform vision screenings and administer and maintain student paperwork and data related to such screenings are credentialed pursuant to a credentialing process that includes training and certification on vision screening equipment; documentation of negative tuberculosis risk assessment or screening, as required by local school boards; and documentation from the employing qualified nonprofit vision health organization certifying completion of a search of the registry of founded complaints of child abuse and neglect maintained by the Department of Social Services pursuant to § 63.2-1515 and a search of the Central Criminal Records Exchange through the Federal Bureau of Investigation based on fingerprints and personal descriptive information for the purpose of obtaining criminal history record information; 2. The vision screening program is based on best practices as determined by scientific research and program performance and is evaluated by an advisory council consisting of (i) representatives of the ophthalmology and optometry fields and (ii) members from elementary and secondary education and school health to support the implementation of best practices and administrative policies to ensure compliance with Department of Education requirements; 3. Vision screening results are communicated to parents in a relevant and informative format that is designed to increase parental awareness and encourage parental action; 4. Parents receive information on the difference between vision screenings and eye examinations, the importance of taking action on a referral for an eye examination by taking their child to a licensed optometrist or ophthalmologist, the identification of potential vision problems beyond the results or scope of the vision screening, and the importance of vision to a child's education and success; 5. Parents are provided with information regarding follow-up resources related to eye examinations and eyeglasses; and 6. Vision screening results are managed for the purposes of reporting, outcome measurement, and program analysis. "Qualified nonprofit vision health organization" means a nonprofit organization that is exempt from taxation under § 501(c)(3) or 501(c)(4) of the Internal Revenue Code, has at least 10 years of direct experience in the delivery of vision and vision education services, and does not directly or indirectly derive profit from the sale of vision equipment, insurance, medication, merchandise, or vision-related products. B. The Superintendent of Public Instruction shall prepare or cause to be prepared, with the advice and approval of the State Health Commissioner, suitable appliances for testing the hearing of the students in the public schools and necessary instructions for the use thereof. The Department of Education shall furnish the same free of expense to all schools in a school division upon request of the school board of such division accompanied by a resolution of the school board directing the use of such appliances in the schools of the school division. C. Within the time periods and at the grades provided in regulations promulgated by the Board, the principal of each such school shall cause the hearing of the relevant students in the school to be tested, unless: 1. Any such student is admitted for the first time to a public elementary school and has been so tested as part of the comprehensive physical examination required by § 22.1-270 ; 2. The parents or guardians of any such student object on religious grounds and the student shows no obvious evidence of any defect or disease of the ears; or 3. Any such student has an Individualized Education Program or a Section 504 Plan that documents a defect of hearing or a disease of the ears and the principal determines that such a test would not identify any previously unknown defect of hearing or a disease of the ears. D. The principal shall keep a record of examinations conducted pursuant to subsection C in accordance with instructions furnished. E. Whenever a student is found to have any defect of hearing or a disease of the ears, the principal shall forthwith notify the parent or guardian, in writing, of such defect or disease. Copies of the report shall be preserved for the use of the Superintendent of Public Instruction as he may require. F. The principal of each public elementary school shall cause the vision of students enrolled in kindergarten and students enrolled in grade two or grade three to be tested, unless: 1. Any such student is admitted for the first time to a public elementary school and produces a written record of a comprehensive eye examination performed within the preceding 24 months; 2. The parents or guardians of such student object on religious grounds and the student shows no obvious evidence of any defect or disease of the eyes; or 3. Any such student has an Individualized Education Program or a Section 504 Plan that documents a defect of vision or a disease of the eyes and the principal determines that such a test would not identify any previously unknown defect of vision or a disease of the eyes. Any such screening may be conducted by a qualified nonprofit vision health organization that uses a digital photoscreening method pursuant to a comprehensive vision program or other methods that comply with Department of Education requirements. Notwithstanding any other provision of law, such screenings may be conducted at any time during the school year; however, the scheduling of such screenings shall be completed no later than the sixtieth administrative working day of the school year. The principal shall keep a record of such screenings in accordance with instructions furnished. Whenever a student does not receive a passing result on such screening and requires referral to an optometrist or ophthalmologist for a comprehensive eye examination, the principal shall cause the parent or guardian to be notified in writing. Copies of the report shall be preserved for the use of the Superintendent of Public Instruction as he may require. G. The principal of each public middle school and high school shall cause the vision of students enrolled in grade seven and grade 10 to be tested, unless: 1. Any such student produces a written record of a comprehensive eye examination performed within the preceding 24 months; 2. The parents or guardians of any such student object on religious grounds and the student shows no obvious evidence of any defect or disease of the eyes; or 3. Any such student has an Individualized Education Program or a Section 504 Plan that documents a defect of vision or a disease of the eyes and the principal determines that such a test would not identify any previously unknown defect of vision or a disease of the eyes. Any such screening may be conducted by a qualified nonprofit vision health organization that uses a digital photoscreening method pursuant to a comprehensive vision program or other methods that comply with Department of Education requirements. Notwithstanding any other provision of law, such screenings may be conducted at any time during the school year; however, the scheduling of such screenings shall be completed no later than the sixtieth administrative working day of the school year. The principal shall keep a record of such screenings in accordance with instructions furnished. Whenever a student does not receive a passing result on such screening and requires referral to an optometrist or ophthalmologist for a comprehensive eye examination, the principal shall cause the parent or guardian to be notified in writing. Copies of the report shall be preserved for the use of the Superintendent of Public Instruction as he may require. H. School boards may enter into contracts with qualified nonprofit vision health organizations for the purpose of conducting screenings pursuant to subsections F and G. Code 1950, § 22-248; 1980, c. 559; 1981, c. 142; 1995, c. 246 ; 2017, cc. 312 , 765 .

Va. Code Ann. § 22.1-273.1 Annual screening for scoliosis

Within the time periods specified in regulations promulgated by the Board of Education, each school board shall provide parent educational information or implement a program of regular screening for scoliosis for pupils in grades five through ten, unless such students are pupils admitted for the first time to a public school who have been so tested as part of the comprehensive physical examination required by § 22.1-270 or the parents of such students have indicated their preference that their children not participate in such screening. Local school boards shall develop procedures for parents to indicate such preference. The Board of Education shall promulgate regulations for the implementation of such screenings, which shall address, but shall not be limited to, requirements and training for school personnel and volunteers who may conduct such screenings; procedures for the notification of parents when evidence of scoliosis is detected; and such other provisions as the Board deems necessary. Local school divisions may seek volunteers from among professional health care providers. 2003, c. 894 .

Va. Code Ann. § 22.1-273.2 Parent educational information regarding eating disorders

Each school board shall annually provide parent educational information regarding eating disorders for pupils in grades five through 12. Such information shall be consistent with guidelines set forth by the Department of Education. 2013, c. 715 .

Va. Code Ann. § 22.1-273.3 Parent educational information regarding tobacco and nicotine vapor products

Each school board shall annually provide educational information to parents of pupils in grades kindergarten through 12 regarding the health dangers of tobacco and nicotine vapor products. Such information shall be consistent with guidelines set forth by the Department of Education. 2020, c. 679 .

Va. Code Ann. § 22.1-273.4 Department of Education; guidance and resources; applied behavior analysis services

The Department of Education shall develop and publish no later than November 16, 2020, guidance and resources relating to the provision of applied behavior analysis (ABA) services in public schools for students who are in need of such services. Such guidance and resources may address (i) determining the need for and appropriateness of providing ABA services for students during the school day; (ii) considerations for school boards regarding management and monitoring of personnel who are not employed by the school board and who provide ABA services in public schools; (iii) the financial responsibilities related to hiring and retaining personnel who are not employed by the school board and who provide ABA services in public schools; (iv) developing agreements between such providers of ABA services, families, and schools; and (v) utilizing licensed behavior analysts employed by the school board to provide ABA services. 2020, c. 774 .

Va. Code Ann. § 22.1-274 School health services

A. A school board shall provide pupil personnel and support services in compliance with § 22.1-253.13:2 . A school board may employ school nurses, physicians, physical therapists, occupational therapists, and speech therapists. No such personnel shall be employed unless they meet such standards as may be determined by the Board. Subject to the approval of the appropriate local governing body, a local health department may provide personnel for health services for the school division. B. In implementing subsection P of § 22.1-253.13:2 , relating to providing support services that are necessary for the efficient and cost-effective operation and maintenance of its public schools, each school board may strive to employ, or contract with local health departments for, nursing services consistent with a ratio of at least one nurse per 1,000 students. In those school divisions in which there are more than 1,000 students in average daily membership in school buildings, this section shall not be construed to encourage the employment of more than one nurse per school building. Further, this section shall not be construed to mandate the aspired-to ratios. C. The Board shall monitor the progress in achieving the ratio set forth in subsection B and any subsequent increase in prevailing statewide costs, and the mechanism for funding health services, pursuant to subsection P of § 22.1-253.13:2 and the appropriation act. The Board shall also determine how school health funds are used and school health services are delivered in each locality. D. With the exception of school administrative personnel and persons employed by school boards who have the specific duty to deliver health-related services, no licensed instructional employee, instructional aide, or clerical employee shall be disciplined, placed on probation, or dismissed on the basis of such employee's refusal to (i) perform nonemergency health-related services for students or (ii) obtain training in the administration of insulin and glucagon. Any school board employee who does not have a specific duty to deliver health-related services may, with reasonable notice to the school division, decline to provide future health-related services. However, instructional aides and clerical employees may not refuse to dispense oral medications. For the purposes of this subsection, "health-related services" means those activities that, when performed in a health care facility, must be delivered by or under the supervision of a licensed or certified professional. E. Each school board shall ensure that in school buildings with an instructional and administrative staff of 10 or more (i) at least three employees have current certification or training in emergency first aid, cardiopulmonary resuscitation, and the use of an automated external defibrillator and (ii) if one or more students diagnosed as having diabetes attend such school, at least two employees have been trained in the administration of insulin and glucagon. In school buildings with an instructional and administrative staff of fewer than 10, school boards shall ensure that (a) at least two employees have current certification or training in emergency first aid, cardiopulmonary resuscitation, and the use of an automated external defibrillator and (b) if one or more students diagnosed as having diabetes attend such school, at least one employee has been trained in the administration of insulin and glucagon. For purposes of this subsection, "employee" includes any person employed by a local health department or a local government who is assigned to the public school pursuant to an agreement between the local health department or the local government and the school board. When a registered nurse, advanced practice registered nurse, physician, or physician assistant is present, no employee who is not a registered nurse, advanced practice registered nurse, physician, or physician assistant shall assist with the administration of insulin or administer glucagon. Prescriber authorization and parental consent shall be obtained for any employee who is not a registered nurse, advanced practice registered nurse, physician, or physician assistant to assist with the administration of insulin and administer glucagon. Code 1950, § 22-241; 1956, c. 656; 1980, c. 559; 1990, c. 797; 1991, c. 295; 1994, c. 712 ; 1997, c. 597 ; 1998, c. 871 ; 1999, cc. 570 , 757 ; 2013, cc. 498 , 530 ; 2021, Sp. Sess. I, c. 454 ; 2022, c. 355 ; 2023, c. 183 ; 2026, cc. 287 , 288 .

Va. Code Ann. § 22.1-274.01 Repealed

Repealed by Acts 2011, c. 216 , cl. 2.

Va. Code Ann. § 22.1-274.1 Criteria to identify toxic art materials; labeling; use in certain grades prohibited

The State Department of Education, in cooperation with the State Department of Health, shall develop criteria to identify toxic art materials. After these criteria have been developed, the Department of Education shall require school divisions to evaluate all art materials used in schools and identify those which are toxic. All materials used in the public schools which meet the criteria as toxic shall be so labeled and the use of such art materials shall be prohibited in kindergarten through grade five. 1987, c. 225; 1988, c. 103.

Va. Code Ann. § 22.1-274.01:1 Students who are diagnosed with diabetes; self-care; insertion and reinsertion of insulin pump

A. Each school board shall permit each enrolled student who is diagnosed with diabetes, with parental consent and written approval from the prescriber, as that term is defined in § 54.1-3401 , to (i) carry with him and use supplies, including a reasonable and appropriate short-term supply of carbohydrates, an insulin pump, and equipment for immediate treatment of high and low glucose levels; (ii) self-check his own glucose levels on a school bus, on school property, and at a school-sponsored activity; and (iii) carry with him and use a cell phone or smart device, pursuant to subdivision B 4 of § 22.1-79.3:1 , to monitor, address, or contact his parent, the school, or his health care provider to communicate about any matter relating to diabetes care and management needs or decisions, including to self-check his own glucose levels in accordance with clause (ii). B. A school board employee who is a registered nurse, a licensed practical nurse, or, when applicable, authorized pursuant to subsection H of § 54.1-3408 and who has been trained in the administration of insulin and glucagon may assist a student who is diagnosed with diabetes with the insertion or reinsertion of the student's prescribed insulin pump or any of its parts in accordance with the methods of administration recognized in the most recent edition of American Diabetes Association Standards of Care in Diabetes. For the purposes of this subsection, "employee" has the same meaning as in subsection E of § 22.1-274 . Prescriber authorization and parental consent shall be obtained for any such employee to assist with the insertion or reinsertion of the pump or any of its parts. Nothing in this section shall require any employee to assist with the insertion or reinsertion of the pump or any of its parts. Any school board employee that is authorized pursuant to subsection H of § 54.1-3408 and meets the requirements set forth in applicable law to provide certain diabetes-related care shall (i) be exempt from nursing practice requirements pursuant to subdivision A 9 of § 54.1-3001 ; (ii) not be considered to be engaging in the practice of medicine pursuant to subdivision A 26 of § 54.1-2901 ; and (iii) be immune from civil liability for ordinary negligence in acts or omissions resulting from the rendering of certain diabetes-related care pursuant to subdivision A 11 of § 8.01-225 . Nothing in this section shall be construed to alter or limit the protections provided to school board employees under subsection D of § 22.1-274 . C. No school board shall prohibit any school board employee from providing any diabetes-related care that such school board employee is authorized and meets the requirements set forth in applicable law to provide, including assisting a student with the insertion or reinsertion of an insulin pump or any of its parts pursuant to subsection B. However, nothing in this subsection shall be construed to prohibit a school board from placing reasonable restrictions or parameters on the implementation of diabetes-related care by school board employees, in conjunction with a student's provider, for the purpose of ensuring the effective, efficient, and safe administration and operation of schools and school personnel, which may be included in the school board's divisionwide plan for the care of students who are diagnosed with diabetes developed and implemented pursuant to § 22.1-274.01:2. 2014, cc. 488 , 554 ; 2017, c. 811 ; 2026, cc. 287 , 288 .

Va. Code Ann. § 22.1-274.01:2 School boards; divisionwide plan for the care of students who are diagnosed with diabetes required

A. As used in this section, "school board employee" has the same meaning as in subsection E of § 22.1-274 . B. Each school board shall develop, amend as necessary, and implement a divisionwide plan for the care of each public elementary or secondary school student who is diagnosed with diabetes in the school division for the purpose of ensuring the maintenance of a safe and healthy learning environment and maximizing the opportunity for academic success for each student. Each such divisionwide plan shall: 1. Give consideration to and incorporate, where appropriate, the guidelines contained in the Department's Diabetes Management in Schools: Manual for Unlicensed Personnel (the Manual); 2. Ensure that any training, education, and professional development opportunities for licensed or unlicensed staff relating to such care are properly tailored to the unique needs that are present in each school in the school division and the skills of the staff in each such school; 3. Include procedures, consistent with subsection E of § 22.1-274 , for ensuring that in each school building in the school division that is attended by one or more students diagnosed with diabetes and that has an instructional and administrative staff of (i) 10 or more, at least two employees have been trained in the administration of insulin and glucagon and (ii) fewer than 10, at least one employee has been trained in the administration of insulin and glucagon; 4. Ensure that the provision or assistance with the provision of diabetes-related care by licensed or unlicensed school board employees is consistent with the guidance contained in the most recent revision of the Manual and is in accordance with applicable law, including: a. Assistance with the administration of insulin or glucagon by a school board employee who is not a licensed practical nurse, registered nurse, advanced practice registered nurse, physician, or physician assistant but who has been trained in the administration of insulin or glucagon in accordance with the provisions of subsection E of § 22.1-274 ; and b. Assistance with the insertion and reinsertion of the insulin pump or any part thereof by a school board employee who has been trained in the administration of insulin, including the use and insertion of insulin pumps, and the administration of glucagon in accordance with the provisions of subsection B of § 22.1-274.01:1 . 5. Make available opportunities for parental involvement in the process of providing care for such students at school, including establishing processes and procedures for the submission and consideration of Diabetes Medical Management Plans, the development of Individualized Health Care Plans in collaboration with the school nurse or another qualified staff member, and the consideration of complaints and resolution of disputes relating to such documents or any other aspect of the provision of care for such students at school; 6. Provide interested parents with opportunities to provide input on the development or amendment of the divisionwide plan; 7. Include procedures to implement the divisionwide plan in each public elementary and secondary school in the local school division; and 8. Address such other matters as the school board deems necessary and appropriate. C. The Department shall, alone or in consultation with such individuals or entities as it deems appropriate, provide technical assistance to school boards upon request in the development, amendment, or implementation of the division-wide plans required pursuant to subsection B. D. The Department shall, in consultation with the Department of Health, the School Committee of the Virginia Diabetes Council, the American Diabetes Association, school board members, and such other stakeholders as it deems appropriate, review the Department's Diabetes Management in Schools: Manual for Unlicensed Personnel at least biennially, revise it as necessary to ensure the information therein is current and accurate, and post it in a publicly accessible location on its website. E. The Department shall, in collaboration with the Department of Health, develop, periodically review and update as necessary, make available to each school board, and post in a publicly accessible location on its website informational materials for parents on type 1 and type 2 diabetes. Each school board shall make such informational materials available to the parent of each student enrolled in the school division at the beginning of each school year.. 2026, cc. 287 , 288 .

Va. Code Ann. § 22.1-274.2 Possession and administration of inhaled asthma medications, epinephrine, glucagon, and seizure rescue medications by certain students or school board employees

A. Local school boards shall develop and implement policies permitting a student with a diagnosis of asthma or anaphylaxis, or both, to possess and self-administer inhaled asthma medications or auto-injectable epinephrine, or both, as the case may be, during the school day, at school-sponsored activities, or while on a school bus or other school property. Such policies shall include, but not be limited to, provisions for: 1. Written consent of the parent, as defined in § 22.1-1 , of a student with a diagnosis of asthma or anaphylaxis, or both, that the student may self-administer inhaled asthma medications or auto-injectable epinephrine, or both, as the case may be. 2. Written notice from the student's primary care provider or medical specialist, or a licensed physician or licensed advanced practice registered nurse, that (i) identifies the student; (ii) states that the student has a diagnosis of asthma or anaphylaxis, or both, and has approval to self-administer inhaled asthma medications or auto-injectable epinephrine, or both, as the case may be, that have been prescribed or authorized for the student; (iii) specifies the name and dosage of the medication, the frequency in which it is to be administered and certain circumstances which may warrant the use of inhaled asthma medications or auto-injectable epinephrine, such as before exercising or engaging in physical activity to prevent the onset of asthma symptoms or to alleviate asthma symptoms after the onset of an asthma episode; and (iv) attests to the student's demonstrated ability to safely and effectively self-administer inhaled asthma medications or auto-injectable epinephrine, or both, as the case may be. 3. Development of an individualized health care plan, including emergency procedures for any life-threatening conditions. 4. Consultation with the student's parent before any limitations or restrictions are imposed upon a student's possession and self-administration of inhaled asthma medications and auto-injectable epinephrine, and before the permission to possess and self-administer inhaled asthma medications and auto-injectable epinephrine at any point during the school year is revoked. 5. Self-administration of inhaled asthma medications and auto-injectable epinephrine to be consistent with the purposes of the Virginia School Health Guidelines and the Guidelines for Specialized Health Care Procedure Manuals, which are jointly issued by the Department of Education and the Department of Health. 6. Disclosure or dissemination of information pertaining to the health condition of a student to school board employees to comply with §§ 22.1-287 and 22.1-289 and the federal Family Education Rights and Privacy Act of 1974, as amended, 20 U.S.C. § 1232g, which govern the disclosure and dissemination of information contained in student scholastic records. B. The permission granted a student with a diagnosis of asthma or anaphylaxis, or both, to possess and self-administer inhaled asthma medications or auto-injectable epinephrine, or both, shall be effective for one school year. Permission to possess and self-administer such medications shall be renewed annually. For the purposes of this section, "one school year" means 365 calendar days. C. Local school boards shall adopt and implement policies for the possession and administration of epinephrine in every school, to be administered by any school nurse, employee of the school board, employee of a local governing body, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine to any student believed to be having an anaphylactic reaction. Such policies shall require that at least one school nurse, employee of the school board, employee of a local governing body, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine has the means to access at all times during regular school hours any such epinephrine that is stored in a locked or otherwise generally inaccessible container or area. D. Each local school board shall adopt and implement policies for the possession and administration of undesignated stock albuterol inhalers and valved holding chambers in every public school in the local school division, to be administered by any school nurse, licensed athletic trainer under contract with a local school division, employee of the school board, employee of a local governing body, or employee of a local health department who is authorized by the local health director and trained in the administration of albuterol inhalers and valved holding chambers for any student believed in good faith to be in need of such medication. E. Any local school board may adopt and implement policies for the possession and administration of undesignated nasal or injectable glucagon in each public elementary or secondary school in the local school division, provided that such policies are consistent with the guidance outlined in the most recent revision of the Diabetes Management In School: Manual for Unlicensed Personnel published by the Department and include guidance outlining the following: 1. One or more locations in each public elementary or secondary school in the local school division in which doses of such undesignated glucagon shall be stored; 2. The conditions under which doses of such undesignated glucagon shall be stored, replaced, and disposed; 3. The individuals who are authorized to access and administer doses of such undesignated glucagon in an emergency and training requirements for such individuals; and 4. A process for requesting emergency medical services and notifying appropriate personnel immediately after a dose of such undesignated glucagon is administered. F. Any public elementary or secondary school may maintain a supply of nasal or injectable glucagon in any secure location that is immediately accessible to any school nurse or other employee trained in the administration of nasal and injectable glucagon prescribed to the school by a prescriber, as defined in § 54.1-3401 . Any such school shall ensure that such a supply consists of at least two doses. Any school nurse or other authorized employee who is trained in the administration of nasal and injectable glucagon consistent with the guidance outlined in the most recent revision of the Diabetes Management In School: Manual for Unlicensed Personnel published by the Department may administer nasal or injectable glucagon from undesignated inventory with parental consent and if the student's prescribed glucagon is not available on school grounds or has expired. G. Any school board may accept donations of nasal or injectable glucagon from a wholesale distributor of glucagon or donations of money from any individual to purchase nasal or injectable glucagon for the purpose of maintenance and administration in a public school in the local school division as permitted pursuant to subsection F. H. Any school board may adopt and implement policies: 1. Permitting any student enrolled in any secondary school in the local school division who has a diagnosis of a condition causing seizures to possess seizure rescue medications during the school day, at school-sponsored activities, or while on a school bus or other school property if (i) the student's parent has submitted a seizure management and action plan in accordance with § 22.1-274.6 that includes written consent of the parent and written approval of the student's primary care provider for such self-possession and (ii) the school nurse has been notified of such self-possession; or 2. For the administration of seizure rescue medications to any student enrolled in any elementary or secondary school in the local school division who has a diagnosis of a condition causing seizures, consistent with the provisions of subsection CC of § 54.1-3408 . 2000, c. 871 ; 2005, c. 785 ; 2012, cc. 787 , 833 ; 2013, cc. 336 , 617 ; 2020, c. 476 ; 2021, Sp. Sess. I, c. 508 ; 2023, cc. 183 , 569 ; 2024, c. 466 ; 2025, cc. 59 , 65 .

Va. Code Ann. § 22.1-274.02 Certain memorandum of agreement required

A. The Superintendent of Public Instruction or his designee and the Director of the Department of Medical Assistance Services or his designee shall develop and execute a memorandum of agreement relating to special education health services. This memorandum of agreement shall be revised on a periodic basis; however, the agreement shall, at a minimum, be revised and executed within six months of the inauguration of a new governor in order to maintain policy integrity. B. The agreement shall include, but need not be limited to, (i) requirements for regular and consistent communications and consultations between the two departments and with school division personnel and officials and school board representatives; (ii) a specific and concise description and history of the federal Individuals with Disabilities Education Act (IDEA), a summary of school division responsibilities pursuant to the Individuals with Disabilities Education Act, and a summary of any corresponding state law which influences the scope of these responsibilities; (iii) a specific and concise summary of the then-current Department of Medical Assistance Services regulations regarding the special education health services; (iv) assignment of the specific responsibilities of the two state departments for the operation of special education health services; (v) a schedule of issues to be resolved through the regular and consistent communications process, including, but not limited to, ways to integrate and coordinate care between the Department of Medical Assistance Services' managed care providers and special education health services providers; (vi) a process for the evaluation of the services which may be delivered by school divisions participating as special education health services providers pursuant to Medicaid; (vii) a plan and schedule to reduce the administrative and paperwork burden of Medicaid participation on school divisions in Virginia; and (viii) a mechanism for informing primary care providers and other case management providers of those school divisions that are participating as Medicaid providers and for identifying such school divisions as Medicaid providers that are available to receive referrals to provide special education health services. C. The Board of Education shall cooperate with the Board of Medical Assistance Services in developing a form to be included with the Individualized Education Plan (IEP) that shall be accepted by the Department of Medical Assistance Services as the plan of care (POC) and in collecting the data necessary to establish separate and specific Medicaid rates for the IEP meetings and other services delivered by school divisions to students. The POC form shall (i) be consistent with the plan of care required by the Department of Medical Assistance Services of other Medicaid providers, (ii) allow for written updates, (iii) be used by all school divisions participating as Medicaid providers of special education health services, (iv) document the student's progress, and (v) be integrated and coordinated with the Department of Medical Assistance Services' managed care providers. D. The Department of Education shall prepare, upon consultation with the Department of Medical Assistance Services, a consent form which (i) is separate from the IEP, (ii) includes a statement noting that such form is not part of the student's IEP, (iii) includes a release to authorize billing of school-based health services delivered to the relevant student by the school division, and (iv) shall be used by all school divisions participating in Medicaid reimbursement. This consent form shall be made available to the parents upon conclusion of the IEP meeting. The release shall allow for billing of school-based health services by Virginia school divisions to the Virginia Medicaid program and other programs operated by the Department of Medical Assistance Services. E. The Department of Education and the Department of Medical Assistance Services shall also develop a cost-effective, efficient, and appropriate process to allow school divisions access to eligibility data for students for whom consent has been obtained. 1999, cc. 967 , 1005 .

Va. Code Ann. § 22.1-274.2:1 Grade nine and grade 10 health education Standards of Learning; severe allergic reaction awareness training

The Board shall include in the Standards of Learning for health education for grade nine and grade 10 an in-person or online severe allergic reaction awareness training that includes the following content: 1. The definition of and distinction between normal allergic reaction and anaphylaxis; 2. Types of allergens, including common and less common allergens; 3. The signs and symptoms of normal allergic reaction and anaphylaxis; 4. Treatments for anaphylaxis; and 5. The proper response to suspected anaphylaxis, including notifying the nearest staff member trained to respond to anaphylaxis and administer epinephrine. 2024, c. 171 .

Va. Code Ann. § 22.1-274.3 Policies regarding medication recommendations by school personnel

The Board of Education shall develop and implement policies prohibiting school personnel from recommending the use of psychotropic medications for any student. Such policies shall not prohibit school health staff, classroom teachers or other school professionals from recommending that a student be evaluated by an appropriate medical practitioner, or prohibit school personnel from consulting with such practitioner, with the written consent of the student's parent. For the purposes of this section, "psychotropic medications" means those medications the prescribed intention of which is to alter mental activity or state, including, but not limited to, antipsychotic, antidepressant, and anxiolytic medication and behavior-altering medication. 2002, c. 314 .

Va. Code Ann. § 22.1-274.4 Public elementary and secondary schools; automated external defibrillators required

Each local school board shall develop a plan for the placement, care, and use of an automated external defibrillator in every public elementary and secondary school in the local school division and shall place an automated external defibrillator in every public elementary and secondary school in the local school division. 2013, cc. 498 , 530 ; 2023, c. 767 .

Va. Code Ann. § 22.1-274.4:1 Opioid antagonist procurement, placement, maintenance, and administration; staff and faculty training; policies and requirements

A. Each local school board shall develop a plan, in accordance with subsection Y of § 54.1-3408 and the guidelines developed by the Department of Health in collaboration with the Department of Education, for the procurement, placement, and maintenance in each public elementary and secondary school of a supply of opioid antagonists in an amount equivalent to at least two unexpired doses for the purposes of opioid overdose reversal. Such plan shall provide for the development and implementation of policies and procedures relating to the procurement, placement, and maintenance of such supply of opioid antagonists in each such school, including policies and procedures: 1. Providing for the placement and maintenance in each public elementary and secondary school of a supply of opioid antagonists in an amount equivalent to at least two unexpired doses, including policies and procedures by which each such school shall request a replacement dose of an opioid antagonist any time a dose has expired, is administered for overdose reversal, or is otherwise rendered unusable and by which each such request shall be timely fulfilled; 2. Requiring each such school to inspect its opioid antagonist supply at least annually and maintain a record of the date of inspection, the expiration date on each dose, and, in the event that a dose of such opioid antagonist is administered for overdose reversal to a person who is believed to be experiencing or about to experience a life-threatening opioid overdose, the date of such administration; and 3. Relating to the proper and safe storage of such opioid antagonist supply in each such school. B. Each local school board shall, in accordance with the provisions of subsection Y of § 54.1-3408 and the guidelines developed by the Department of Health in collaboration with the Department of Education, develop policies and procedures relating to the possession and administration of opioid antagonists by any school nurse or employee of the school board who is authorized by a prescriber and trained in the administration of an opioid antagonist to any student, faculty, or staff member who is believed to be experiencing or about to experience a life-threatening opioid overdose, including: 1. Policies requiring each public elementary and secondary school to ensure that at least one employee (i) is authorized by a prescriber and has been trained and is certified in the administration of an opioid antagonist by a program administered or approved by the Department of Health to provide training in opioid antagonist administration and (ii) has the means to access at all times during regular school hours any such opioid antagonist supply that is stored in a locked or otherwise generally inaccessible container or area; and 2. Policies and procedures for (i) partnering with a program administered or approved by the Department of Health to provide training in opioid antagonist administration for the purpose of organizing and providing the training and certification required pursuant to subdivision 1 and (ii) maintaining records of each employee of each such public elementary and secondary school who is trained and certified in the administration of an opioid antagonist pursuant to subdivision 1. C. Any employee of any public elementary or secondary school, school board, or local health department who, during regular school hours, on school premises, or during a school-sponsored activity, in good faith administers an opioid antagonist for opioid overdose reversal to any individual who is believed to be experiencing or about to experience a life-threatening opioid overdose, regardless of whether such employee was trained in administration of an opioid antagonist pursuant to subsection B, shall be immune from any disciplinary action or civil or criminal liability for any act or omission made in connection with the administration of an opioid antagonist in such incident, unless such act or omission was the result of gross negligence or willful misconduct. D. Each school board shall adopt and each public elementary and secondary school shall implement policies and procedures in accordance with the provisions of this section. Each school board and each public elementary and secondary school shall, in adopting and implementing the policies set forth in this section, utilize to the fullest extent possible programs offered by the Department of Health for the provision of opioid antagonist administration training and certification and the procurement of opioid antagonists for placement in each public elementary and secondary school. 2024, cc. 451 , 519 ; 2025, c. 277 .

Va. Code Ann. § 22.1-274.5 Topical sunscreen

Any public elementary or secondary school student may possess and use unscented topical sunscreen in its original packaging on a school bus, on school property, or at a school-sponsored event without a note or prescription from a licensed health care professional if the topical sunscreen is approved by the U.S. Food and Drug Administration for nonprescription use for the purpose of limiting damage to skin caused by exposure to ultraviolet light. 2020, c. 579 .

Va. Code Ann. § 22.1-274.6 Seizure management and action plan; training

A. The parent or guardian of a student with a diagnosed seizure disorder may submit to the local school division a seizure management and action plan developed by the student's treating physician for review by school division employees with whom the student has regular contact. The seizure management and action plan shall (i) identify the health care services the student may receive at school or while participating in a school activity, (ii) identify seizure-related medication prescribed to the student that must be administered in the event of a seizure, including those administered in compliance with subdivision H 2 of § 22.1-274.2 and subsection CC of § 54.1-3408 , (iii) evaluate the student's ability to manage and understand his seizure disorder, and (iv) be signed by the student's parent or guardian, the student's treating physician, and the school nurse. Each such seizure management and action plan shall state that (a) such plan is separate from any individualized education program (IEP) or § 504 Plan that is in place for the student and (b) nothing in such plan shall be construed to abrogate any provision of any IEP or § 504 Plan that is in place for the student. B. Each local school division shall require all school nurses employed by the division to complete, on a biennial basis, a Board of Education-approved online course of instruction for school nurses regarding treating students with seizures and seizure disorders that includes information about seizure recognition and related first aid. Approved training programs shall be fully consistent with training programs and guidelines developed by the Epilepsy Foundation of America and any successor organization. C. Each local school division shall require all employees whose duties include regular contact with students to complete, on a biennial basis, a Board of Education-approved online course of instruction for school employees regarding treating students with seizures and seizure disorders that includes information about seizure recognition and related first aid. Approved training programs shall be fully consistent with training programs and guidelines developed by the Epilepsy Foundation of America and any successor organization. 2021, Sp. Sess. I, c. 514 ; 2025, cc. 59 , 65 .

Va. Code Ann. § 22.1-274.7 Students with disabilities; individualized education programs; individualized accommodations and supports during emergency situations and evacuations

A. If deemed appropriate by the individualized education program (IEP) team, which includes the parent, the IEP implemented for a public school student with a disability in accordance with the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., with the exception of such students who have been placed in private day or residential school settings, may contain language addressing individualized accommodations and supports for the student during emergency situations and evacuations. In developing such language, IEP teams should be supported by the school administration. Additionally, for initial IEPs, the IEP team shall discuss whether or not the student requires such accommodations and supports. B. The Department shall provide guidance to local school divisions on how to support IEP teams for the consideration of specific supports required for students with disabilities, including students with mobility impairments, during emergency situations given the unique context of their disabilities in the educational setting. Such guidance shall include information relevant for IEP teams and applicable to § 504 committees as determined appropriate. 2025, c. 141 .

Va. Code Ann. § 22.1-274.8 School boards; bleeding control programs; bleeding control kits

A. As used in this section, "bleeding control kit" means a first aid response kit that (i) contains at least (a) one tourniquet endorsed by the Committee on Tactical Combat Casualty Care of the federal Defense Health Agency, (b) one compression bandage, (c) one bleeding control bandage, (d) one pair of protective gloves and one marker, (e) one pair of scissors, and (f) one set of instructional documents developed by the Stop the Bleed national awareness campaign of the U.S. Department of Homeland Security or the American College of Surgeons' Committee on Trauma and (ii) may contain other tourniquets and bandages similar to those described in clause (i) and any additional items that are approved by local law enforcement or first responders, can adequately treat a traumatic injury involving bleeding, and can be stored in a readily available kit. B. With such funds as may be provided by the General Assembly for such purpose pursuant to the general appropriation act, each school board shall develop and implement a bleeding control program in each public elementary and secondary school in the local school division whereby the school board: 1. Requires bleeding control kits to be placed in each public elementary and secondary school building in locations designated by the division safety official or local first responders as being easily accessible; 2. Includes bleeding control kits in the emergency plans of the local school division and each public elementary and secondary school therein, including the presentation and use of such kits in all drills and emergencies; 3. Requires annual inspection of bleeding control kit inventories to ensure that materials, supplies, and equipment contained in the bleeding control kit are not expired and the replacement of any expired materials, supplies, and equipment as necessary; and 4. Requires each bleeding control kit to be restocked after each use and any materials, supplies, and equipment to be replaced as necessary to ensure that the kit contains all required materials, supplies, and equipment. 2025, c. 189 .

Va. Code Ann. § 22.1-274.9 School nurse sickle cell disease training

Each local school division shall require all school nurses employed by the division to complete, within six months of employment and at least every three years thereafter, an online or in-person course of instruction approved by the Board in collaboration with the Department of Health regarding recognition and management of sickle cell disease. Approved training programs shall address (i) information on sickle cell disease; (ii) recognition of symptoms; (iii) applicability and implementation of school-based interventions; (iv) academic support for students with sickle cell disease; and (v) collaboration with families of students with sickle cell disease for education and treatment. 2026, cc. 855 , 856 .

Va. Code Ann. § 22.1-275 Protective eye devices

Every student and teacher in any school or institution of higher education shall be required to wear industrial quality eye protective devices while participating in any of the following courses or laboratories: 1. Career and technical education shops or laboratories involving experience with: a. Hot molten metals, b. Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials, c. Heat treatment, tempering, or kiln firing of any metal or other materials, d. Gas or electric arc welding, e. Repair of any vehicle, or f. Caustic or explosive materials; 2. Chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids. The governing board or authority of any public or private school or the governing board of each institution of higher education shall furnish the eye protective devices prescribed in this section free of charge or at cost to the students and teachers of the school participating in such courses or laboratories; however, such devices may be furnished by parents or guardians of such students. Eye protective devices shall be furnished to all visitors to such courses. "Industrial quality eye protective devices," as used in this section, means devices providing side protection and meeting the standards of the American Standards Association Safety Code for Head, Eye, and Respiratory Protection, Z2.1-1959, promulgated by the American Standards Association, Inc. Code 1950, § 22-10.2; 1966, c. 69; 1980, c. 559; 2001, c. 483 .

Va. Code Ann. § 22.1-275.1 School health advisory board

Each school board may establish a school health advisory board of no more than 20 members which shall consist of broad-based community representation including, but not limited to, parents, students, health professionals, educators, and others. If established, the school health advisory board shall assist with the development of health policy in the school division and the evaluation of the status of school health, health education, the school environment, and health services. Any school health advisory board shall hold meetings at least semi-annually and shall annually report on the status and needs of student health in the school division to any relevant school, the school board, the Virginia Department of Health, and the Virginia Department of Education. The local school board may request that the school health advisory board recommend to the local school board procedures relating to children with acute or chronic illnesses or conditions, including, but not limited to, appropriate emergency procedures for any life-threatening conditions and designation of school personnel to implement the appropriate emergency procedures. The procedures relating to children with acute or chronic illnesses or conditions shall be developed with due consideration of the size and staffing of the schools within the jurisdiction. 1990, c. 315; 1992, c. 174; 1999, c. 570 ; 2012, cc. 805 , 836 .

Va. Code Ann. § 22.1-276 Repealed

Repealed by Acts 2001, cc. 688 and 820 , cl. 2.

Va. Code Ann. § 22.1-276.01 Definitions

A. For the purposes of this article, unless the context requires a different meaning: "Alternative education program" includes night school, adult education, or any other education program designed to offer instruction to students for whom the regular program of instruction may be inappropriate. "Bullying" means any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time or causes severe emotional trauma. "Bullying" includes cyberbullying. "Bullying" does not include ordinary teasing, horseplay, argument, or peer conflict. "Cyberbullying" means bullying that occurs through the use of technology, including through cell phones and other electronic devices or technology capable of accessing the Internet. "Disruptive behavior" means a violation of school board regulations governing student conduct that interrupts or obstructs the learning environment. "Dress or grooming code" means any practice, policy, or portion of a code of student conduct adopted by a school board that governs or restricts the attire, appearance, or grooming, including hairstyle, of any enrolled student. "Exclusion" means a Virginia school board's denial of school admission to a student who has been expelled or has been placed on a long-term suspension of more than 30 calendar days by another school board or a private school, either in Virginia or another state, or for whom admission has been withdrawn by a private school in Virginia or another state. "Expulsion" means any disciplinary action imposed by a school board or a committee thereof, as provided in school board policy, whereby a student is not permitted to attend school within the school division and is ineligible for readmission for 365 calendar days after the date of the expulsion. "Long-term suspension" means any disciplinary action whereby a student is not permitted to attend school for 11 to 45 school days. "Short-term suspension" means any disciplinary action whereby a student is not permitted to attend school for a period not to exceed 10 school days. B. For the purposes of §§ 22.1-277.04 , 22.1-277.05 , 22.1-277.2 , and 22.1-277.2:1 , "superintendent's designee" means a (i) trained hearing officer or (ii) professional employee within the administrative offices of the school division who reports directly to the division superintendent and who is not a school-based instructional or administrative employee. 2001, cc. 688 , 820 ; 2013, c. 575 ; 2018, c. 491 ; 2020, c. 678 ; 2025, c. 438 .

Va. Code Ann. § 22.1-276.2 Removal of students from classes

A. Teachers shall have the initial authority to remove a student for disruptive behavior from a class. B. Each school board shall establish, within the regulations governing student conduct required by § 22.1-279.6 : 1. Criteria for teachers to remove disruptive students from their classes; 2. Requirements for incident reports of disruptive behavior to school administrators and any other documentation to support such removals from class; 3. Procedures for the written notification of a student and his parents of any incident report and its contents and for the opportunity to meet with the teacher and school administrators to discuss the student's behavior and the possible consequences if such behavior does not cease; 4. Guidelines for the alternative assignment and instruction of such students and for the duration of such removals; and 5. Procedures for the return of students to class, for teacher participation in any decision by the principal to return a student to the class from which he has been removed, and for the resolution of any disagreements between such principal and teacher regarding such return. C. The principal shall, unless a student who has been removed from class is suspended or expelled from school attendance, ensure that such student continues to receive an education. D. Any teacher whose evaluation indicates deficiencies in the management of student conduct may be required by the school board to attend professional development activities designed to improve classroom management and disciplinary skills. E. Application of this section to students with disabilities shall be in accordance with state and federal law and regulations. F. This section shall not be construed to limit or restrict other school board policies and regulations for maintaining order in the classroom. 1997, c. 830 ; 2001, cc. 688 , 820 .

Va. Code Ann. § 22.1-276.3 Ineligibility of students to compete in athletic competitions

Any nonprofit corporation founded in Virginia in 1913 that currently organizes and governs interscholastic activities among the public high schools shall develop, implement, and enforce rules requiring that a student who is a member of a school athletic team be ineligible for two school years to compete in interscholastic athletic competition, if it has been determined by the school principal and division superintendent that the student used anabolic steroids during the training period immediately preceding or during the sport season of the athletic team, unless such steroid was prescribed by a licensed physician for a medical condition. 2005, c. 481 .

Va. Code Ann. § 22.1-277 Suspensions and expulsions of students generally

A. Students may be suspended or expelled from attendance at school for sufficient cause; however, in no cases may sufficient cause for suspensions include only instances of truancy or only a violation of any student cell phone and smart device possession and use policy developed and implemented pursuant to § 22.1-79.3:1. B. Except as provided in subsection C or § 22.1-277.07 or 22.1-277.08 , no student in preschool through grade three shall be suspended for more than three school days or expelled from attendance at school, unless (i) the offense involves physical harm or credible threat of physical harm to others or (ii) the local school board or the division superintendent or his designee finds that aggravating circumstances exist, as defined by the Department. C. Any student for whom the division superintendent of the school division in which such student is enrolled has received a report pursuant to § 16.1-305.1 of an adjudication of delinquency or a conviction for an offense listed in subsection G of § 16.1-260 may be suspended or expelled from school attendance pursuant to this article. D. The authority provided in § 22.1-276.2 for teachers to remove students from their classes in certain instances of disruptive behavior shall not be interpreted to affect the operation of § 22.1-277.04 , 22.1-277.05 , or 22.1-277.06 . E. Notwithstanding the provisions of § 22.1-277.08 , no school board shall be required to suspend or expel any student who holds a valid written certification for the use of cannabis oil issued by a practitioner in accordance with § 4.1-1601 for the possession or use of such oil in accordance with the student's individualized health plan and in compliance with a policy adopted by the school board. Code 1950, §§ 22-230.1, 22-230.2; 1972, c. 604; 1980, c. 559; 1984, c. 415; 1997, cc. 371 , 585 , 608 , 734 , 830 ; 1998, cc. 355 , 379 , § 22 .1-277.02; 2001, cc. 688 , 820 ; 2003, c. 119 ; 2009, c. 70 ; 2018, c. 585 ; 2019, cc. 573 , 574 ; 2023, cc. 740 , 773 ; 2025, cc. 606 , 644 .

Va. Code Ann. § 22.1-277.01 Repealed

Repealed by Acts 2001, cc. 688 and 820 , cl. 2.

Va. Code Ann. § 22.1-277.1 Repealed

Repealed by Acts 2001, cc. 688 and 820 , cl. 2.

Va. Code Ann. § 22.1-277.2 Authority to exclude students under certain circumstances; petition for readmission; alternative education program

A. A student, who has been expelled or suspended for more than thirty days from attendance at school by a school board or a private school in this Commonwealth or in another state or for whom admission has been withdrawn by a private school in this Commonwealth or in another state may be excluded from attendance by a local school board in Virginia, regardless of whether such student has been admitted to another school division or private school in the Commonwealth or in another state subsequent to such expulsion, suspension, or withdrawal of admission upon a finding that the student presents a danger to the other students or staff of the school division after (i) written notice to the student and his parent that the student may be subject to exclusion, the reasons therefor, and, in the event of such exclusion, of the right to appeal the decision at a hearing before the school board or a committee thereof; and (ii) a review of the case has been conducted by the division superintendent or his designee and exclusion has been recommended. In the case of a suspension of more than thirty days, the term of the exclusion may not exceed the duration of such suspension. In excluding any such expelled student from school attendance, the local school board may accept or waive any or all of any conditions for readmission imposed upon such student by the expelling school board pursuant to § 22.1-277.06 . The excluding school board shall not impose additional conditions for readmission to school. If the decision by the superintendent or his designee to exclude has been appealed to a committee of the school board, the student or his parent shall be provided written notice of the right to appeal the decision to the full board, which shall, within thirty days following any such hearing, in the case of an expulsion or withdrawal of admission and, in the case of a suspension of more than thirty days, within fifteen days following any such hearing, notify in writing the student or his parent of its decision. B. In lieu of the procedures established in subsection A, a school board may adopt regulations providing that a student may be excluded from attendance after (i) written notice to the student and his parent that the student may be subject to exclusion, including the reasons therefor, and notice of the opportunity for the student or his parent to participate in a hearing to be conducted by the division superintendent or his designee regarding such exclusion; and (ii) a hearing of the case has been conducted by the division superintendent or his designee, and the decision has been to exclude the student from attendance. The decision of the superintendent or his designee to exclude shall be final unless altered by the school board, upon timely written petition, as established in regulation, of the student so excluded or his parent, for a review of the record by the school board. C. Upon the expiration of the exclusion period for an expulsion or a withdrawal of admission, which period shall be established by the school board, committee thereof, or superintendent or his designee, as the case may be, at the relevant hearing, the student may re-petition the school board for admission. If the petition for admission is rejected, the school board shall identify the length of the continuing exclusion period and the subsequent date upon which such student may re-petition the school board for admission. D. The school board may permit students excluded pursuant to this section to attend an alternative education program provided by the school board for the term of such exclusion. 1993, c. 889; 1994, c. 709 ; 1996, c. 190 ; 1997, cc. 585 , 608 , 728 ; 2001, cc. 669 , 688 , 820 .

Va. Code Ann. § 22.1-277.2:1 Disciplinary authority of school boards under certain circumstances; alternative education program

A. A school board may, in accordance with the procedures set forth in this article, require any student who has been (i) charged with an offense relating to the Commonwealth's laws, or with a violation of school board policies, on weapons, alcohol or drugs, or intentional injury to another person, or with an offense that is required to be disclosed to the superintendent of the school division pursuant to subsection G of § 16.1-260 ; (ii) found guilty or not innocent of an offense relating to the Commonwealth's laws on weapons, alcohol, or drugs, or of a crime that resulted in or could have resulted in injury to others, or of an offense that is required to be disclosed to the superintendent of the school division pursuant to subsection G of § 16.1-260 ; (iii) found to have committed a serious offense or repeated offenses in violation of school board policies; (iv) suspended pursuant to § 22.1-277.05 ; or (v) expelled pursuant to § 22.1-277.06 , 22.1-277.07 , or 22.1-277.08 , or subsection C of § 22.1-277 , to attend an alternative education program. A school board may require such student to attend such programs regardless of where the crime occurred. School boards may require any student who has been found, in accordance with the procedures set forth in this article, to have been in possession of, or under the influence of, drugs or alcohol on a school bus, on school property, or at a school-sponsored activity in violation of school board policies, to undergo evaluation for drug or alcohol abuse, or both, and, if recommended by the evaluator and with the consent of the student's parent, to participate in a treatment program. As used in this section, the term "charged" means that a petition or warrant has been filed or is pending against a pupil. B. A school board may adopt regulations authorizing the division superintendent or his designee to require students to attend an alternative education program consistent with the provisions of subsection A after (i) written notice to the student and his parent that the student will be required to attend an alternative education program and (ii) notice of the opportunity for the student or his parent to participate in a hearing to be conducted by the division superintendent or his designee regarding such placement. The decision of the superintendent or his designee regarding such alternative education placement shall be final unless altered by the school board, upon timely written petition, as established in regulation, by the student or his parent, for a review of the record by the school board. C. A school board may adopt regulations authorizing the principal or his designee to impose a short-term suspension, pursuant to § 22.1-277.04 , upon a student who has been charged with an offense involving intentional injury enumerated in subsection G of § 16.1-260 , to another student in the same school pending a decision as to whether to require that such student attend an alternative education program. 1990, c. 835; 1995, cc. 724 , 755 , 801 ; 1998, c. 355 ; 1999, c. 457 ; 2000, c. 577 , § 22 .1-277.1; 2001, cc. 688 , 820 ; 2003, c. 119 ; 2009, c. 208 ; 2018, c. 585 .

Va. Code Ann. § 22.1-277.2:2 Alternative education program data

The Department of Education shall annually collect from each school board and publish on its website data on alternative education programs for students who have been suspended, expelled, or otherwise precluded from attendance at school. Such data shall (i) be published in a manner that protects the identities of individual students; (ii) be disaggregated by local school division and by student race, ethnicity, gender, and disability; and (iii) include: 1. The number of students enrolled in alternative education programs pursuant to each of the five clauses set forth in subsection A of § 22.1-277.2:1 ; 2. The number of students enrolled in alternative education programs who have received (i) a short-term suspension, (ii) a long-term suspension, or (iii) an expulsion; 3. The current availability of various categories of alternative education programs available to all students and not solely special education students, including full-day programs with on-site, in-school teacher instruction; full-day programs with off-site, out-of-school teacher instruction; primarily virtual instruction; home-based or home-bound instruction; partial-day instruction; and any other category that the Department of Education may identify; 4. The average length of enrollment in an alternative education program per program during each school year; 5. The number of students who transition within the same school year from an alternative education program back into the school at which they were enrolled immediately preceding enrollment in the alternative education program; and 6. Relevant student achievement data, as determined by the Department of Education. 2019, cc. 123 , 232 .

Va. Code Ann. § 22.1-277.04 Short-term suspension; procedures; readmission

A pupil may be suspended for not more than ten school days by either the school principal, any assistant principal, or, in their absence, any teacher. The principal, assistant principal, or teacher may suspend the pupil after giving the pupil oral or written notice of the charges against him and, if he denies them, an explanation of the facts as known to school personnel and an opportunity to present his version of what occurred. In the case of any pupil whose presence poses a continuing danger to persons or property, or whose presence is an ongoing threat of disruption, the pupil may be removed from school immediately and the notice, explanation of facts, and opportunity to present his version shall be given as soon as practicable thereafter. Upon suspension of any pupil, the principal, assistant principal, or teacher responsible for such suspension shall report the facts of the case in writing to the division superintendent or his designee and the parent of the pupil suspended. The division superintendent or his designee shall review forthwith the action taken by the principal, assistant principal, or teacher upon a petition for such review by any party in interest and confirm or disapprove such action based on an examination of the record of the pupil's behavior. The decision of the division superintendent or his designee may be appealed to the school board or a committee thereof in accordance with regulations of the school board; however, the decision of the division superintendent or his designee shall be final if so prescribed by school board regulations. The school board shall require that any oral or written notice to the parent of a student who is suspended from school attendance for not more than ten days include notification of the length of the suspension, information regarding the availability of community-based educational programs, alternative education programs or other educational options, and of the student's right to return to regular school attendance upon the expiration of the suspension. The costs of any community-based educational program, or alternative education program or educational option, which is not a part of the educational program offered by the school division, shall be borne by the parent of the student. School boards shall adopt policies and procedures to ensure that suspended students are able to access and complete graded work during and after the suspension. 1998, c. 806 , § 22.1-277.03; 2001, cc. 688 , 820 ; 2020, c. 337 .

Va. Code Ann. § 22.1-277.05 Long-term suspensions; procedures; readmission

A. A pupil may be suspended from attendance at school for 11 to 45 school days after providing written notice to the pupil and his parent of the proposed action and the reasons therefor and of the right to a hearing before the school board, or a committee thereof, or the superintendent or his designee, in accordance with regulations of the school board. If the regulations provide for a hearing by the superintendent or his designee, the regulations shall also provide for an appeal of the decision to the full school board. Such appeal shall be decided by the school board within 30 days. If the regulations provide for a hearing by a committee of the school board, the regulations shall also provide that such committee may confirm or disapprove the suspension of a student. Any such committee of the school board shall be composed of at least three members. If the committee's decision is not unanimous, the pupil or his parent may appeal the committee's decision to the full school board. Such appeal shall be decided by the school board within 30 days. B. A school board shall include in the written notice of a suspension for 11 to 45 school days required by this section notification of the length of the suspension. In the case of a suspension for 11 to 45 school days, such written notice shall provide information concerning the availability of community-based educational, alternative education, or intervention programs. Such notice shall also state that the student is eligible to return to regular school attendance upon the expiration of the suspension or to attend an appropriate alternative education program approved by the school board during or upon the expiration of the suspension. The costs of any community-based educational, alternative education, or intervention program that is not a part of the educational program offered by the school division that the student may attend during his suspension shall be borne by the parent of the student. Nothing in this section shall be construed to prohibit the school board from permitting or requiring students suspended pursuant to this section to attend an alternative education program provided by the school board for the term of such suspension. School boards shall adopt policies and procedures to ensure that suspended students are able to access and complete graded work during and after the suspension. C. Notwithstanding the provisions of subsections A and B, a long-term suspension may extend beyond a 45-school-day period but shall not exceed 364 calendar days if (i) the offense is one described in § 22.1-277.07 or 22.1-277.08 or involves serious bodily injury or (ii) the school board or division superintendent or his designee finds that aggravating circumstances exist, as defined by the Department. Such definition shall include a consideration of a student's disciplinary history. 1998, c. 806 , § 22.1-277.03; 2001, cc. 688 , 820 ; 2018, c. 491 ; 2020, c. 337 .

Va. Code Ann. § 22.1-277.06 Expulsions; procedures; readmission

A. Pupils may be expelled from attendance at school after written notice to the pupil and his parent of the proposed action and the reasons therefor and of the right to a hearing before the school board or a committee thereof in accordance with regulations of the school board. If the regulations provide for a hearing by a committee of the school board, the regulations shall also provide that such committee may confirm or disapprove the expulsion of a student. Any such committee of the school board shall be composed of at least three members. If the committee's decision is not unanimous, the pupil or his parent may appeal the committee's decision to the full school board. Such appeal shall be decided by the school board within 30 days. The regulations shall also provide for subsequent confirmation or disapproval of the proposed expulsion by the school board, or a committee thereof, as may be provided in regulation, regardless of whether the pupil exercised the right to a hearing. B. The written notice required by this section shall include notification of the length of the expulsion and shall provide information to the parent of the student concerning the availability of community-based educational, training, and intervention programs. Such notice shall state further whether or not the student is eligible to return to regular school attendance, or to attend an appropriate alternative education program approved by the school board, or an adult education program offered by the school division, during or upon the expiration of the expulsion, and the terms or conditions of such readmission. The costs of any community-based educational, training, or intervention program that is not a part of the educational program offered by the school division that the student may attend during his expulsion shall be borne by the parent of the student. Nothing in this section shall be construed to prohibit the school board from permitting or requiring students expelled pursuant to this section to attend an alternative education program provided by the school board for the term of such expulsion. If the school board determines that the student is ineligible to return to regular school attendance or to attend during the expulsion an alternative education program or an adult education program in the school division, the written notice shall also advise the parent of such student that the student may petition the school board for readmission to be effective one calendar year from the date of his expulsion, and of the conditions, if any, under which readmission may be granted. School boards shall establish, by regulation, a schedule pursuant to which such students may apply and reapply for readmission to school. Such schedule shall be designed to ensure that any initial petition for readmission will be reviewed by the school board or a committee thereof, or the division superintendent, and, if granted, would enable the student to resume school attendance one calendar year from the date of the expulsion. If the division superintendent or a committee of the school board denies such petition, the student may petition the school board for review of such denial. C. Recommendations for expulsion for actions other than those specified in §§ 22.1-277.07 and 22.1-277.08 shall be based on consideration of the following factors: 1. The nature and seriousness of the violation; 2. The degree of danger to the school community; 3. The student's disciplinary history, including the seriousness and number of previous infractions; 4. The appropriateness and availability of an alternative education placement or program; 5. The student's age and grade level; 6. The results of any mental health, substance abuse, or special education assessments; 7. The student's attendance and academic records; and 8. Such other matters as he deems appropriate. No decision to expel a student shall be reversed on the grounds that such factors were not considered. Nothing in this subsection shall be deemed to preclude a school board from considering any of these factors as "special circumstances" for purposes of §§ 22.1-277.07 and 22.1-277.08 . 1998, c. 806 , § 22.1-277.03; 2001, cc. 688 , 820 ; 2005, c. 96 .

Va. Code Ann. § 22.1-277.07 Expulsion of students under certain circumstances; exceptions

A. In compliance with the federal Improving America's Schools Act of 1994 (Part F-Gun-Free Schools Act of 1994), a school board shall expel from school attendance for a period of not less than one year any student whom such school board has determined, in accordance with the procedures set forth in this article, to have possessed a firearm on school property or at a school-sponsored activity as prohibited by § 18.2-308.1 or to have possessed a firearm or destructive device as defined in subsection E, a firearm muffler or firearm silencer, or a pneumatic gun as defined in subsection E of § 15.2-915.4 on school property or at a school-sponsored activity. A school administrator, pursuant to school board policy, or a school board may, however, determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. A school board may promulgate guidelines for determining what constitutes special circumstances. In addition, a school board may, by regulation, authorize the division superintendent or his designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate. Such regulations shall ensure that, if a determination is made that another disciplinary action is appropriate, any such subsequent disciplinary action is to be taken in accordance with the procedures set forth in this article. Nothing in this section shall be construed to require a student's expulsion regardless of the facts of the particular situation. B. The Board of Education is designated as the state education agency to carry out the provisions of the federal Improving America's Schools Act of 1994 and shall administer the funds to be appropriated to the Commonwealth under this act. C. Each school board shall revise its standards of student conduct no later than three months after the date on which this act becomes effective. Local school boards requesting moneys apportioned to the Commonwealth through the federal Improving America's Schools Act of 1994 shall submit to the Department of Education an application requesting such assistance. Applications for assistance shall include: 1. Documentation that the local school board has adopted and implemented student conduct policies in compliance with this section; and 2. A description of the circumstances pertaining to expulsions imposed under this section, including (i) the schools from which students were expelled under this section, (ii) the number of students expelled from each such school in the school division during the school year, and (iii) the types of firearms involved in the expulsions. D. No school operating a Junior Reserve Officers Training Corps (JROTC) program shall prohibit the JROTC program from conducting marksmanship training when such training is a normal element of such programs. Such programs may include training in the use of pneumatic guns. The administration of a school operating a JROTC program shall cooperate with the JROTC staff in implementing such marksmanship training. E. As used in this section: "Destructive device" means (i) any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or other similar device; (ii) any weapon, except a shotgun or a shotgun shell generally recognized as particularly suitable for sporting purposes, by whatever name known that will, or may be readily converted to, expel a projectile by the action of an explosive or other propellant, and that has any barrel with a bore of more than one-half inch in diameter that is homemade or was not made by a duly licensed weapon manufacturer, any fully automatic firearm, any sawed-off shotgun or sawed-off rifle as defined in § 18.2-299 or any firearm prohibited from civilian ownership by federal law; and (iii) any combination of parts either designed or intended for use in converting any device into any destructive device described in this subsection and from which a destructive device may be readily assembled. "Destructive device" does not include any device that is not designed or redesigned for use as a weapon, or any device originally designed for use as a weapon and that is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or other similar device, nor shall it include any antique firearm as defined in § 18.2-308.2:2 . "Firearm" means any weapon, including a starter gun, that will, or is designed or may readily be converted to, expel single or multiple projectiles by the action of an explosion of a combustible material or the frame or receiver of any such weapon. "Firearm" does not include any pneumatic gun, as defined in subsection E of § 15.2-915.4 . "One year" means 365 calendar days as required in federal regulations. "School property" means any real property owned or leased by the school board or any vehicle owned or leased by the school board or operated by or on behalf of the school board. F. The exemptions set out in §§ 18.2-308 and 18.2-308.016 regarding concealed weapons shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to persons who possess such firearm or firearms or pneumatic guns as a part of the curriculum or other programs sponsored by the schools in the school division or any organization permitted by the school to use its premises or to any law-enforcement officer while engaged in his duties as such. G. This section shall not be construed to diminish the authority of the Board of Education or the Governor concerning decisions on whether, or the extent to which, Virginia shall participate in the federal Improving America's Schools Act of 1994, or to diminish the Governor's authority to coordinate and provide policy direction on official communications between the Commonwealth and the United States government. 1995, cc. 724 , 801 ; 1999, cc. 707 , 1027 ; 2000, c. 523 , § 22.1-277.01; 2001, cc. 688 , 820 ; 2003, cc. 843 , 976 ; 2004, c. 930 ; 2006, c. 703 ; 2013, c. 288 ; 2014, cc. 109 , 312 , 765 ; 2016, c. 257 ; 2020, cc. 1111 , 1112 .

Va. Code Ann. § 22.1-277.07:1 Policies prohibiting possession of firearms

Notwithstanding any other provision of law to the contrary, each school division may develop and implement procedures addressing disciplinary actions against students, and may establish disciplinary policies prohibiting the possession of firearms on school property, school buses, and at school-sponsored activities. 2004, c. 560 .

Va. Code Ann. § 22.1-277.08 Expulsion of students for certain drug offenses

A. (Effective until July 1, 2027) School boards shall expel from school attendance any student whom such school board has determined, in accordance with the procedures set forth in this article, to have brought a controlled substance, imitation controlled substance, or marijuana as defined in § 18.2-247 onto school property or to a school-sponsored activity. A school administrator, pursuant to school board policy, or a school board may, however, determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. A school board may, by regulation, authorize the division superintendent or his designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate. Such regulations shall ensure that, if a determination is made that another disciplinary action is appropriate, any such subsequent disciplinary action is to be taken in accordance with the procedures set forth in this article. Nothing in this section shall be construed to require a student's expulsion regardless of the facts of the particular situation. A. (Effective July 1, 2027) School boards shall expel from school attendance any student whom such school board has determined, in accordance with the procedures set forth in this article, to have brought a controlled substance or imitation controlled substance as those terms are defined in § 18.2-247 onto school property or to a school-sponsored activity. A school administrator, pursuant to school board policy, or a school board may, however, determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. A school board may, by regulation, authorize the division superintendent or his designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate. Such regulations shall ensure that, if a determination is made that another disciplinary action is appropriate, any such subsequent disciplinary action is to be taken in accordance with the procedures set forth in this article. Nothing in this section shall be construed to require a student's expulsion regardless of the facts of the particular situation. B. Each school board shall revise its standards of student conduct to incorporate the requirements of this section no later than three months after the date on which this act becomes effective. 1998, c. 655 ; 1999, cc. 706 , 732 , § 22.1-277.01:1; 2001, cc. 688 , 820 ; 2011, cc. 384 , 410 ; 2014, cc. 109 , 312 , 577 , 674 , 719 , 765 ; 2026, Sp. Sess. I, c. 1 .

Va. Code Ann. § 22.1-278 Repealed

Repealed by Acts 2001, cc. 688 and 820 , cl. 2.

Va. Code Ann. § 22.1-279 Repealed

Repealed by Acts 1990, c. 797 and Acts 1991, c. 295.

Va. Code Ann. § 22.1-279.1 Corporal punishment prohibited

A. No teacher, principal or other person employed by a school board or employed in a school operated by the Commonwealth shall subject a student to corporal punishment. This prohibition of corporal punishment shall not be deemed to prevent (i) the use of incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) the use of reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance which threatens physical injury to persons or damage to property; (iii) the use of reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) the use of reasonable and necessary force for self-defense or the defense of others; or (v) the use of reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia which are upon the person of the student or within his control. B. In determining whether a person was acting within the exceptions provided in this section, due deference shall be given to reasonable judgments at the time of the event which were made by a teacher, principal or other person employed by a school board or employed in a school operated by the Commonwealth. C. For the purposes of this section, "corporal punishment" means the infliction of, or causing the infliction of, physical pain on a student as a means of discipline. This definition shall not include physical pain, injury or discomfort caused by the use of incidental, minor or reasonable physical contact or other actions designed to maintain order and control as permitted in subdivision (i) of subsection A of this section or the use of reasonable and necessary force as permitted by subdivisions (ii), (iii), (iv), and (v) of subsection A of this section, or by participation in practice or competition in an interscholastic sport, or participation in physical education or an extracurricular activity. 1989, c. 287; 1995, c. 681 .

Va. Code Ann. § 22.1-279.1:1 The use of seclusion and restraint in public schools; Board of Education regulations

The Board shall adopt regulations on the use of seclusion and restraint in public elementary and secondary schools in the Commonwealth that (i) are consistent with its Guidelines for the Development of Policies and Procedures for Managing Student Behavior in Emergency Situations and the Fifteen Principles contained in the U.S. Department of Education's Restraint and Seclusion: Resource Document; (ii) include definitions, criteria for use, restrictions for use, training requirements, notification requirements, reporting requirements, and follow-up requirements; and (iii) address distinctions, including distinctions in emotional and physical development, between (a) the general student population and the special education student population and (b) elementary school students and secondary school students. The Board shall specifically (1) identify and prohibit the use of any method of restraint or seclusion that it determines poses a significant danger to the student and (2) establish safety standards for seclusion. 2015, cc. 142 , 147 ; 2019, c. 591 .

Va. Code Ann. § 22.1-279.2 Repealed

Repealed by Acts 1995, c. 533 .

Va. Code Ann. § 22.1-279.3 Parental responsibility and involvement requirements

A. Each parent of a student enrolled in a public school has a duty to assist the school in enforcing the standards of student conduct and compulsory school attendance in order that education may be conducted in an atmosphere free of disruption and threat to persons or property, and supportive of individual rights. B. A school board shall provide opportunities for parental and community involvement in every school in the school division. C. Within one calendar month of the opening of school, each school board shall, simultaneously with any other materials customarily distributed at that time, send to the parents of each enrolled student (i) a notice of the requirements of this section; (ii) a copy of the school board's standards of student conduct; and (iii) a copy of the compulsory school attendance law. These materials shall include a notice to the parents that by signing the statement of receipt, parents shall not be deemed to waive, but to expressly reserve, their rights protected by the constitutions or laws of the United States or the Commonwealth and that a parent shall have the right to express disagreement with a school's or school division's policies or decisions. Each parent of a student shall sign and return to the school in which the student is enrolled a statement acknowledging the receipt of the school board's standards of student conduct, the notice of the requirements of this section, and the compulsory school attendance law. Each school shall maintain records of such signed statements. D. The school principal may request the student's parent or parents, if both parents have legal and physical custody of such student, to meet with the principal or his designee to review the school board's standards of student conduct and the parent's or parents' responsibility to participate with the school in disciplining the student and maintaining order, to ensure the student's compliance with compulsory school attendance law, and to discuss improvement of the child's behavior, school attendance, and educational progress. E. In accordance with the due process procedures set forth in this article and the guidelines required by § 22.1-279.6 , the school principal or his designee shall notify the parents of any student who violates a school board policy or the compulsory school attendance requirements when such violation is likely to result in the student's suspension or the filing of a court petition, whether or not the school administration has imposed such disciplinary action or filed a petition. The notice shall state (i) the date and particulars of the violation; (ii) the obligation of the parent to take actions to assist the school in improving the student's behavior and ensuring compulsory school attendance compliance; (iii) that, if the student is suspended, the parent may be required to accompany the student to meet with school officials; and (iv) that a petition with the juvenile and domestic relations district court may be filed under certain circumstances to declare the student a child in need of supervision. F. No suspended student shall be admitted to the regular school program until such student and his parent have met with school officials to discuss improvement of the student's behavior, unless the school principal or his designee determines that readmission, without parent conference, is appropriate for the student. G. Upon the failure of a parent to comply with the provisions of this section, the school board may, by petition to the juvenile and domestic relations district court, proceed against such parent for willful and unreasonable refusal to participate in efforts to improve the student's behavior or school attendance, as follows: 1. If the court finds that the parent has willfully and unreasonably failed to meet, pursuant to a request of the principal as set forth in subsection D, to review the school board's standards of student conduct and the parent's responsibility to assist the school in disciplining the student and maintaining order, and to discuss improvement of the child's behavior and educational progress, it may order the parent to so meet; or 2. If the court finds that a parent has willfully and unreasonably failed to accompany a suspended student to meet with school officials pursuant to subsection F, or upon the student's receiving a second suspension or being expelled, it may order the student or his parent, or both, to participate in such programs or such treatment, including, but not limited to, extended day programs, summer school, other educational programs and counseling, as the court deems appropriate to improve the student's behavior or school attendance. The order may also require participation in a parenting, counseling, or mentoring program, as appropriate, or that the student or his parent, or both, shall be subject to such conditions and limitations as the court deems appropriate for the supervision, care, and rehabilitation of the student or his parent. In addition, the court may order the parent to pay a civil penalty not to exceed $500. H. The civil penalties established pursuant to this section shall be enforceable in the juvenile and domestic relations district court in which the student's school is located and shall be paid into a fund maintained by the appropriate local governing body to support programs or treatments designed to improve the behavior of students as described in subdivision G 2. Upon the failure to pay the civil penalties imposed by this section, the attorney for the appropriate county, city, or town shall enforce the collection of such civil penalties. I. All references in this section to the juvenile and domestic relations district court shall be also deemed to mean any successor in interest of such court. 1995, c. 852 ; 1996, c. 771 ; 2000, c. 538 ; 2001, cc. 688 , 820 ; 2004, c. 573 ; 2023, c. 523 .

Va. Code Ann. § 22.1-279.3:1 Reports of certain acts to school authorities; reports of certain acts by school authorities to parents; reports of certain acts by school authorities to law enforcement

A. Reports shall be made to the division superintendent and to the principal or his designee on all incidents involving: 1. Alcohol, marijuana, a controlled substance, an imitation controlled substance, or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications; 2. The assault and battery that results in bodily injury of any person on a school bus, on school property, or at a school-sponsored activity; 3. The sexual assault, death, shooting, stabbing, cutting, or wounding of any person, abduction of any person as described in § 18.2-47 or 18.2-48 , or stalking of any person as described in § 18.2-60.3 , on a school bus, on school property, or at a school-sponsored activity; 4. Any written threats against school personnel while on a school bus, on school property, or at a school-sponsored activity; 5. The illegal carrying of a firearm, as defined in § 22.1-277.07 , onto school property; 6. Any illegal conduct involving firebombs, explosive materials or devices, or hoax explosive devices, as defined in § 18.2-85 , or explosive or incendiary devices, as defined in § 18.2-433.1 , or chemical bombs, as described in § 18.2-87.1 , on a school bus, on school property, or at a school-sponsored activity; 7. Any threats or false threats to bomb, as described in § 18.2-83 , made against school personnel or involving school property or school buses; or 8. The arrest of any student for an incident occurring on a school bus, on school property, or at a school-sponsored activity, including the charge therefor. B. Except as may otherwise be required by federal law, regulation, or jurisprudence, each principal: 1. Shall immediately report to the local law-enforcement agency any incident described in subdivision A 1 that may constitute a felony offense; 2. Shall immediately report to the local law-enforcement agency any incident described in subdivisions A 3 through 7, except that a principal is not required to but may report to the local law-enforcement agency any incident described in subdivision A 4 committed by a student who has a disability; 3. May report to the local law-enforcement agency any other incident described in subsection A that is not required to be reported pursuant to subdivision 1 or 2; and 4. Shall immediately report any act enumerated in subdivisions A 1 through 5 that may constitute a criminal offense to the parents of any minor student who is the specific object of such act. Further, the principal shall report whether the incident has been reported to local law enforcement pursuant to this subsection and, if the incident has been so reported, that the parents may contact local law enforcement for further information, if they so desire. C. Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.) of Chapter 11 of Title 16.1, local law-enforcement authorities shall report, and the principal or his designee and the division superintendent shall receive such reports, on offenses, wherever committed, by students enrolled at the school if the offense would be a felony if committed by an adult or would be a violation of the Drug Control Act (§ 54.1-3400 et seq.) and occurred on a school bus, on school property, or at a school-sponsored activity, or would be an adult misdemeanor involving any incidents described in subsection A, and whether the student is released to the custody of his parent or, if 18 years of age or more, is released on bond. As part of any report concerning an offense that would be an adult misdemeanor involving an incident described in subsection A, local law-enforcement authorities and attorneys for the Commonwealth shall be authorized to disclose information regarding terms of release from detention, court dates, and terms of any disposition orders entered by the court, to the superintendent of such student's school division, upon request by the superintendent, if, in the determination of the law-enforcement authority or attorney for the Commonwealth, such disclosure would not jeopardize the investigation or prosecution of the case. No disclosures shall be made pursuant to this section in violation of the confidentiality provisions of subsection A of § 16.1-300 or the record retention and redisclosure provisions of § 22.1-288.2 . Further, any school superintendent who receives notification that a juvenile has committed an act that would be a crime if committed by an adult pursuant to subsection G of § 16.1-260 shall report such information to the principal of the school in which the juvenile is enrolled. D. The principal or his designee shall submit a report of all incidents required to be reported pursuant to this section to the superintendent of the school division. The division superintendent shall annually report all such incidents to the Department of Education for the purpose of recording the frequency of such incidents on forms that shall be provided by the Department and shall make such information available to the public. In submitting reports of such incidents, principals and division superintendents shall accurately indicate any offenses, arrests, or charges as recorded by law-enforcement authorities and required to be reported by such authorities pursuant to subsection C. A division superintendent who knowingly fails to comply or secure compliance with the reporting requirements of this subsection shall be subject to the sanctions authorized in § 22.1-65 . A principal who knowingly fails to comply or secure compliance with the reporting requirements of this section shall be subject to sanctions prescribed by the local school board, which may include, but need not be limited to, demotion or dismissal. The principal or his designee shall also notify the parent of any student involved in an incident required pursuant to this section to be reported, regardless of whether disciplinary action is taken against such student or the nature of the disciplinary action. Such notice shall relate to only the relevant student's involvement and shall not include information concerning other students. Whenever any student commits any reportable incident as set forth in this section, such student shall be required to participate in such prevention and intervention activities as deemed appropriate by the superintendent or his designee. Prevention and intervention activities shall be identified in the local school division's drug and violence prevention plans developed pursuant to the federal Improving America's Schools Act of 1994 (Title IV — Safe and Drug-Free Schools and Communities Act). E. A statement providing a procedure and the purpose for the requirements of this section shall be included in school board policies required by § 22.1-253.13:7 . The Board of Education shall promulgate regulations to implement this section, including, but not limited to, establishing reporting dates and report formats. F. For the purposes of this section, "parent" or "parents" means any parent, guardian or other person having control or charge of a child. G. This section shall not be construed to diminish the authority of the Board of Education or to diminish the Governor's authority to coordinate and provide policy direction on official communications between the Commonwealth and the United States government. H. Nothing in this section shall require delinquency charges to be filed or prevent schools from dealing with school-based offenses through graduated sanctions or educational programming before a delinquency charge is filed with the juvenile court. 1981, c. 189; 1990, cc. 517, 797; 1991, c. 295; 1994, cc. 265 , 285 ; 1995, cc. 759 , 773 ; 1996, cc. 916 , 964 ; 1999, c. 970 ; 2000, cc. 79 , 611 , § 22 .1-280.1; 2001, cc. 688 , 820 ; 2002, c. 388 ; 2003, cc. 899 , 954 ; 2004, cc. 517 , 542 , 939 , 955 ; 2005, cc. 461 , 484 , 528 ; 2006, c. 146 ; 2010, c. 525 ; 2011, cc. 384 , 410 ; 2013, c. 800 ; 2014, cc. 674 , 719 ; 2018, c. 281 ; 2020, cc. 173 , 335 ; 2022, cc. 793 , 794 .

Va. Code Ann. § 22.1-279.3:2 Public elementary and secondary school students; protective orders; notification

Any school principal who receives notice that a circuit court, general district court, juvenile and domestic relations district court, or magistrate has issued a protective order pursuant to § 16.1-253 , 16.1-253.1 , 16.1-253.4 , or 16.1-279.1 , subsection D of § 18.2-60.3 , or Chapter 9.1 (§ 19.2-152.7:1 et seq.) of Title 19.2 for the protection of any child who is enrolled at a public elementary or secondary school in the Commonwealth where such principal is employed, or any other order prohibiting contact with such a child, including an order issued as a condition of pretrial or posttrial supervision, shall subsequently notify licensed instructional personnel and other school personnel who (i) provide direct educational or support services to the protected child or the child subject to the order, (ii) have a legitimate educational interest in such information, and (iii) are responsible for the direct supervision of the protected child or the child subject to the order that such order has been issued. 2019, c. 579 .

Va. Code Ann. § 22.1-279.3:3 Alternative school discipline process for certain incidents

A. A school board may establish an alternative school discipline process to provide the parties involved in an incident of assault or assault and battery, without bodily injury, of any person on a school bus, on school property, or at a school-sponsored activity the option to enter into a mutually agreed-upon process between the involved parties. Such process shall be designed to hold the student accountable for a noncriminal offense through a mutually agreed-upon standard. B. If provided for in the process established by the school board, no principal shall report to the local law-enforcement agency a party who successfully completes the alternative school discipline process. If the parties fail to agree to participate in the process or fail to successfully complete the alternative school discipline process, then the principal may report the incident to the local law-enforcement agency. 2020, c. 876 ; 2022, cc. 793 , 794 .

Va. Code Ann. § 22.1-279.4 Information regarding prosecution for certain crimes

School boards shall provide information developed by the office of the Attorney General to students regarding laws governing the prosecution of juveniles as adults for the commission of certain crimes. Methods of providing such information may include, but shall not be limited to, public announcements in the schools, written notification to parents, publication in the student conduct manual, and inclusion in those materials distributed to parents pursuant to § 22.1-279.3 . 1997, c. 465 .

Va. Code Ann. § 22.1-279.5 Repealed

Repealed by Acts 2001, cc. 688 and 820 , cl. 2.

Va. Code Ann. § 22.1-279.6 Board of Education guidelines and model policies for codes of student conduct; school board regulations

A. The Board shall establish guidelines and develop model policies for codes of student conduct to aid local school boards in the implementation of such policies. The guidelines and model policies shall include (i) criteria for the removal of a student from a class, the use of suspension, expulsion, and exclusion as disciplinary measures, the grounds for suspension, expulsion, and exclusion, and the procedures to be followed in such cases, including proceedings for such suspension, expulsion, and exclusion decisions and all applicable appeals processes; (ii) standards, consistent with state, federal, and case laws, for school board policies on alcohol and drugs, gang-related activity, hazing, vandalism, trespassing, threats, search and seizure, disciplining of students with disabilities, intentional injury of others, self-defense, bullying, cyberbullying, harassment, and intimidation, and dissemination of such policies to students, their parents, and school personnel; (iii) standards for in-service training of school personnel in and examples of the appropriate management of student conduct and student offenses in violation of school board policies; (iv) standards for dress or grooming codes; and (v) standards for reducing bias and harassment in the enforcement of any code of student conduct. In accordance with the most recent enunciation of constitutional principles by the Supreme Court of the United States of America, the Board's standards for school board policies on alcohol and drugs and search and seizure shall include guidance for procedures relating to voluntary and mandatory drug testing in schools, including which groups may be tested, use of test results, confidentiality of test information, privacy considerations, consent to the testing, need to know, and release of the test results to the appropriate school authority. In the case of suspension and expulsion, the procedures set forth in this article shall be the minimum procedures that the school board may prescribe. B. School boards shall adopt and revise, as required by § 22.1-253.13:7 and in accordance with the requirements of this section, regulations on codes of student conduct that are consistent with, but may be more stringent than, the guidelines of the Board. School boards shall include in the regulations on codes of student conduct procedures for suspension, expulsion, and exclusion decisions and shall biennially review the model student conduct code to incorporate discipline options and alternatives to preserve a safe, nondisruptive environment for effective teaching and learning. C. Each school board shall include in its code of student conduct prohibitions against hazing and profane or obscene language or conduct. School boards shall also cite in their codes of student conduct the provisions of § 18.2-56 , which defines and prohibits hazing and imposes a Class 1 misdemeanor penalty for violations, that is, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both. D. Each school board shall include in its code of student conduct policies and procedures that include a prohibition against bullying. Such policies and procedures shall (i) be consistent with the standards for school board policies on bullying and cyberbullying developed by the Board pursuant to subsection A; (ii) direct the principal or his designee to notify the parent of any student involved in an alleged incident of bullying within 24 hours of learning of the allegation of bullying; (iii) address instances of cyberbullying that occur outside of school property between students enrolled in the school division; (iv) provide protections designed to ensure that any student who is a victim of or a witness to an instance of cyberbullying is not deterred from reporting or seeking support for such instance of cyberbullying by fears of retaliation, social alienation or rejection, or other negative treatment; and (v) include a list of support services and resources available through each public school to any student who is a victim of cyberbullying relating to reporting and seeking support after experiencing an instance of cyberbullying, including mental health support services, and any information necessary to access any such support services and resources. Such policies and procedures shall not be interpreted to infringe upon the First Amendment rights of students and are not intended to prohibit expression of religious, philosophical, or political views, provided that such expression does not cause an actual, material disruption of the work of the school. E. A school board may regulate the use or possession of beepers or other portable communications devices and laser pointers by students on school property or attending school functions or activities and establish disciplinary procedures pursuant to this article to which students violating such regulations will be subject. F. Nothing in this section shall be construed to require any school board to adopt policies requiring or encouraging any drug testing in schools. However, a school board may, in its discretion, require or encourage drug testing in accordance with the Board of Education's guidelines and model student conduct policies required by subsection A and the Board's guidelines for student searches required by § 22.1-279.7 . G. The Board shall establish standards to ensure compliance with the federal Improving America's Schools Act of 1994 (Part F-Gun-Free Schools Act of 1994), as amended, in accordance with § 22.1-277.07 . This subsection shall not be construed to diminish the authority of the Board or to diminish the Governor's authority to coordinate and provide policy direction on official communications between the Commonwealth and the United States government. H. Each school board shall include in its code of student conduct a prohibition on possessing any retail tobacco product or hemp product intended for smoking, as those terms are defined in § 18.2-371.2 , on a school bus, on school property, or at an on-site or off-site school-sponsored activity. I. Any school board may include in its code of student conduct a dress or grooming code. Any dress or grooming code included in a school board's code of student conduct or otherwise adopted by a school board shall (i) permit any student to wear any religiously and ethnically specific or significant head covering or hairstyle, including hijabs, yarmulkes, headwraps, braids, locs, and cornrows; (ii) maintain gender neutrality by subjecting any student to the same set of rules and standards regardless of gender; (iii) not have a disparate impact on students of a particular gender; (iv) be clear, specific, and objective in defining terms, if used; (v) prohibit any school board employee from enforcing the dress or grooming code by direct physical contact with a student or a student's attire; and (vi) prohibit any school board employee from requiring a student to undress in front of any other individual, including the enforcing school board employee, to comply with the dress or grooming code. Code 1950, §§ 22-230.1, 22-230.2; 1972, c. 604; 1980, c. 559; 1993, cc. 819, 856, 889; 1995, cc. 724 , 801 ; 1997, cc. 391 , 585 , 608 , 830 ; 1998, c. 902 ; 1999, c. 432 ; 2000, c. 360 , §§ 22 .1-277.02:1, 22 .1-278, 22 .1-278.2; 2001, cc. 688 , 820 ; 2003, c. 899 ; 2004, cc. 574 , 908 , 939 , 955 ; 2005, cc. 461 , 484 , 520 ; 2009, c. 431 ; 2013, c. 575 ; 2014, c. 326 ; 2017, c. 684 ; 2019, cc. 172 , 246 ; 2020, c. 678 ; 2023, cc. 296 , 297 ; 2024, cc. 796 , 821 ; 2025, c. 438 .

Va. Code Ann. § 22.1-279.6:1 Private elementary and secondary schools; codes of student conduct; bullying prevention and intervention; requirements

A. Each principal, headmaster, or other chief administrator of each private elementary or secondary school in the Commonwealth shall include in such school's policies for codes of student conduct procedures for addressing and handling instances of bullying and cyberbullying. Such policies and procedures shall (i) be consistent with applicable state, federal, and case law; (ii) include policies and procedures relating to ensuring school personnel are trained in or informed of the appropriate management of student conduct and student offenses that violate school policies; and (iii) include policies designed to reduce bias and harassment in the enforcement of any code of student conduct. Such policies may be developed in accordance with the guidelines and model policies established by the Board pursuant to subsection A of § 22.1-279.6 . B. Each principal, headmaster, or other chief administrator of each private elementary or secondary school in the Commonwealth shall include in such school's code of student conduct policies and procedures that include a prohibition against bullying. Such policies and procedures shall, at a minimum, (i) require notification to the parent of any student involved in a confirmed incident of bullying within 24 hours of confirming the incident of bullying; (ii) include prohibitions against and procedures for addressing instances of cyberbullying that occur between students enrolled in such school; (iii) provide protections designed to ensure that any student who is a victim of or a witness to bullying or cyberbullying is not deterred from reporting or seeking support by fear of retaliation; and (iv) include prohibitions against hazing, as that term is defined in § 18.2-56 . Nothing in this section shall be construed to preclude a private elementary or secondary school in the Commonwealth from adopting policies and procedures that are more comprehensive than the policies and procedures required pursuant to this section. 2026, cc. 236 , 237 .

Va. Code Ann. § 22.1-279.6:2 Evidence-based restorative disciplinary practices

A. As used in this section: "Aggravating circumstances" means one or more factors identified by the Board in its Model Guidance for Positive, Preventive Code of Student Conduct Policy and Alternatives to Suspension, as amended, or any successor document, that warrant immediate exclusionary discipline without intermediate use of an evidence-based restorative disciplinary practice, which may include use or threat of use of a firearm or other weapon of mass harm, serious bodily injury to another, or repeated prior disciplinary offenses. "Evidence-based restorative disciplinary practice" means an evidence-based alternative disciplinary practice used to reduce suspensions, expulsions, and disciplinary referrals, with an emphasis on fostering peer and staff relationships and repairing harm to the injured party, consistent with the practices set out in the Board's Model Guidance for Positive, Preventive Code of Student Conduct Policy and Alternatives to Suspension, as amended, or any successor document. "Evidence-based restorative disciplinary practice" includes community conferencing, community service, mentoring, a peer jury, peer mediation, a post-conflict resolution program, a preventative program, a restorative circle, and any other disciplinary practice that (i) establishes and supports goals that increase connection to community, restores relationships, builds empathy, and ensures that all perspectives are considered, including responsibility for one's actions; (ii) addresses the needs of those harmed and promotes healing; (iii) responds to behavior that violates expectations by balancing accountability with understanding of behavioral health needs, reducing disruption, and keeping students in school; (iv) engages individuals affected by an incident and includes community members reflecting the cultural and demographic diversity of the school community; (v) determines responses through a collaborative process involving students, families, educators, and community members; (vi) provides solutions tailored to students' cultures; and (vii) implements policies informed by the science of the social, emotional, and cognitive development of children. B. (Effective July 1, 2027) No public elementary or secondary school student shall be suspended, expelled, or excluded from attendance at school unless the school first considers at least one evidence-based restorative disciplinary practice, except in the case of (i) an offense listed in § 22.1-277.07 or 22.1-277.08 or subsection G of § 16.1-260 or (ii) aggravating circumstances. Any time a school imposes exclusionary discipline instead of an evidence-based restorative disciplinary practice pursuant to this subsection, the school shall document in the student's disciplinary record, as a part of the school's existing disciplinary documentation practices and consistent with the guidelines adopted by the Department pursuant to subsection E, the rationale for the decision to impose exclusionary discipline, including any factors supporting the decision not to utilize an evidence-based restorative disciplinary practice. C. Nothing in this section shall be construed to prohibit a school division from adopting additional restorative, preventive, or supportive disciplinary practices if aligned with the restorative principles set forth in the definition of evidence-based restorative disciplinary practice. D. The Department shall add the use of evidence-based restorative disciplinary practices to the Student Behavior and Administrative Response survey in order to annually collect and analyze data on the use of such practices, including, to the extent practicable and consistent with applicable federal and state student privacy laws, aggregate and de-identified data relating to determinations not to use evidence-based restorative disciplinary practices and to use exclusionary discipline instead, and shall subsequently create and post publicly an annual report that contains an evaluation of the effectiveness of such practices based on the data collected. E. The Department shall adopt and make available guidelines and support materials for considering, monitoring, and evaluating evidence-based restorative disciplinary practices, including professional development and technical assistance. 2026, c. 586 .

Va. Code Ann. § 22.1-279.7 Guidelines for student searches

The Board of Education shall develop, in consultation with the Office of the Attorney General, guidelines for school boards for the conduct of student searches, including random locker searches, voluntary and mandatory drug testing, and strip searches, consistent with relevant state and federal laws and constitutional principles. School boards shall adopt and revise, in accordance with the requirements of this section, regulations governing student searches that are consistent with the guidelines of the Board. 1998, c. 655 ; 1999, c. 650 ; 2000, c. 648 , § 22.1-277.01:2; 2001, cc. 688 , 820 ; 2003, c. 899 .

Va. Code Ann. § 22.1-279.8 School safety audits and school crisis, emergency management, and medical emergency response plans required

A. For the purposes of this section, unless the context requires otherwise: "School crisis, emergency management, and medical emergency response plan" means the essential procedures, operations, and assignments required to prevent, manage, and respond to a critical event or emergency, including natural disasters involving fire, flood, tornadoes, or other severe weather; loss or disruption of power, water, communications or shelter; bus or other accidents; medical emergencies, including cardiac arrest and other life-threatening medical emergencies; student or staff member deaths; explosions; bomb threats; gun, knife or other weapons threats; spills or exposures to hazardous substances; the presence of unauthorized persons or trespassers; the loss, disappearance or kidnapping of a student; hostage situations; violence on school property or at school activities; incidents involving acts of terrorism; and other incidents posing a serious threat of harm to students, personnel, or facilities. The plan shall include a provision that the Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be contacted immediately to deploy assistance in the event of an emergency as defined in the emergency response plan when there are victims as defined in § 19.2-11.01 . The Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be the lead coordinating agencies for those individuals determined to be victims, and the plan shall also contain current contact information for both agencies. "School safety audit" means a written assessment of the safety conditions in each public school to (i) identify and, if necessary, develop solutions for physical safety concerns, including building security issues, and (ii) identify and evaluate any patterns of student safety concerns occurring on school property or at school-sponsored events. Solutions and responses shall include recommendations for structural adjustments, changes in school safety procedures, and revisions to the school board's standards for student conduct. B. The Virginia Center for School and Campus Safety, in consultation with the Department of Education, shall develop a list of items to be reviewed and evaluated in the school safety audits required by this section. Such items shall include (i) those incidents reported to school authorities pursuant to § 22.1-279.3:1 ; (ii) a school inspection walk-through using a standardized checklist provided by the Virginia Center for School and Campus Safety, which shall incorporate crime prevention through environmental design principles; and (iii) specific technology systems, including physical security technologies, emergency telecommunication systems, and associated technology including equipment and software. The Virginia Center for School and Campus Safety shall prescribe a standardized report format for school safety audits, additional reporting criteria, and procedures for report submission, which may include instructions for electronic submission. Each local school board shall require all schools under its supervisory control to annually conduct school safety audits, as defined in this section, consistent with such list and in collaboration with the chief law-enforcement officer of the locality or his designee. As part of each such audit, the school board shall create a detailed and accurate floor plan for each public school building in the local school division or shall certify that the existing floor plan for each such school is sufficiently detailed and accurate. In addition, a component of each such audit shall include a review of the school's comprehensive plan for closures during public health emergencies. The results of such school safety audits shall be made public within 90 days of completion pursuant to this subsection. The local school board shall retain authority to withhold or limit the release of any security plans, walk-through checklists, floor plans, and specific vulnerability assessment components as provided in subdivision 4 of § 2.2-3705.2 . The completed walk-through checklist shall be made available to the chief law-enforcement officer of the locality or his designee. Each school shall maintain a copy of the school safety audit, which may exclude such security plans, walk-through checklists, and vulnerability assessment components, within the office of the school principal and shall make a copy of such report available for review upon written request. Each school shall submit a copy of its school safety audit to the relevant school division superintendent. The division superintendent shall collate and submit all such school safety audits, in the prescribed format and manner of submission, to the Virginia Center for School and Campus Safety and shall make available to the chief law-enforcement officer of the locality the results of such audits for his review and recommendations. C. The division superintendent shall establish a school safety audit committee to include, if available, representatives of parents, teachers, local law enforcement, emergency services agencies, local community services boards, and judicial and public safety personnel. The school safety audit committee shall review the completed school safety audits and submit any plans, as needed, for improving school safety to the division superintendent for submission to the local school board. The division superintendent or his designee and the school safety audit committee may meet annually on the grounds of any public school in the local school division with the chief law-enforcement officer of the locality or a designee from the local law-enforcement agency to discuss the school safety audit completed for such school. D. Each school board shall ensure that every school that it supervises shall develop a written school crisis, emergency management, and medical emergency response plan, consistent with the definition provided in this section, and shall include the chief law-enforcement officer, the fire chief, the chief of the emergency medical services agency, the executive director of the relevant regional emergency medical services council, and the emergency management official of the locality, or their designees, in the development of such plans. Each school division shall designate an emergency manager. The Department of Education and the Virginia Center for School and Campus Safety shall provide technical assistance to the school divisions of the Commonwealth in the development of the school crisis, emergency management, and medical emergency response plans that describe the components of a medical emergency response plan developed in coordination with local emergency medical services providers, the training of school personnel and students to respond to a life-threatening emergency, and the equipment required for this emergency response. The local school board, the chief law-enforcement officer, the fire chief, the chief of the emergency medical services agency, the executive director of the relevant regional emergency medical services council, and the emergency management official of the locality, or their designees, shall annually review the written school crisis, emergency management, and medical emergency response plans. The local school board shall have the authority to withhold or limit the review of any security plans and specific vulnerability assessment components as provided in subdivision 4 of § 2.2-3705.2 . The local school division superintendent shall certify this review in writing to the Virginia Center for School and Campus Safety no later than August 31 of each year. Upon consultation with local school boards, division superintendents, the Virginia Center for School and Campus Safety, and the Coordinator of Emergency Management, the Board of Education shall develop, and may revise as it deems necessary, a model school crisis, emergency management, and medical emergency response plan for the purpose of assisting the public schools in the Commonwealth in developing viable, effective crisis, emergency management, and medical emergency response plans. Such model shall set forth recommended effective procedures and means by which parents can contact the relevant school or school division regarding the location and safety of their school children and by which school officials may contact parents, with parental approval, during a critical event or emergency. E. Each school board shall ensure that every public school it supervises employs at least one school administrator who has completed, either in-person or online, school safety training for public school personnel conducted by the Virginia Center for School and Campus Safety in accordance with subdivision A 1 of § 9.1-184 . However, such requirement shall not apply if such required training is not available online. F. Each division superintendent shall annually designate an employee in the local school division as the division safety official whose duty is to receive all reports required pursuant to subsection A of § 19.2-83.1 and §§ 19.2-291.1 and 19.2-299.3 and shall include such designation in the collated packet of school safety audits submitted to the Virginia Center for School and Campus Safety pursuant to subsection B. The designation required by this subsection shall include updated contact information for the division safety official, including (i) a current mailing address, (ii) a current working daytime phone number, and (iii) a current functional email address. It shall be the duty of the division superintendent to update contact information required by this subsection within 48 hours of any change to such contact information. 1997, c. 593 ; 1999, cc. 475 , 516 , § 22.1-278.1; 2001, cc. 436 , 440 , 688 , 820 , 841 ; 2002, cc. 166 , 221 , 229 , 235 ; 2003, c. 801 ; 2004, c. 690 ; 2005, c. 904 ; 2006, c. 43 ; 2007, c. 44 ; 2009, cc. 222 , 269 ; 2012, c. 418 ; 2013, c. 609 ; 2014, cc. 7 , 158 ; 2015, cc. 502 , 503 ; 2017, c. 778 ; 2019, cc. 141 , 410 , 487 , 488 ; 2020, c. 338 ; 2022, cc. 21 , 22 , 57 ; 2023, cc. 282 , 283 ; 2024, c. 429 ; 2025, cc. 232 , 234 , 573 , 581 .

Va. Code Ann. § 22.1-279.9 Development of programs to prevent crime and violence; hazing prevention training program

All school boards shall develop, in cooperation with the local law-enforcement agencies, juvenile and domestic relations district court judges, and personnel, parents, and the community at large, programs to prevent violence and crime on school property and at school-sponsored events, which shall include research-based hazing prevention. Activities designed to prevent the recurrence of violence and crime, including hazing, may include such interventions as education relating to Virginia's criminal law, school crime lines, peer mediation, conflict resolution, community service requirements, and any program focused on demonstrating the consequences of violence and crime. School boards are encouraged to develop and use a network of volunteer services in implementing these prevention activities. 2001, cc. 688 , 820 ; 2004, c. 574 ; 2024, cc. 7 , 144 .

Va. Code Ann. § 22.1-279.10 School resource officers; data

The Department of Criminal Justice Services, in coordination with the Department of Education and the Department of Juvenile Justice, shall annually collect, report, and publish on its website data on the use of force against students, including the use of chemical, mechanical, or other restraints and instances of seclusion; detentions of students; arrests of students; student referrals to court or court service units; and other disciplinary actions by school resource officers involving students. Such data shall (i) be published in a manner that protects the identities of students and (ii) be disaggregated by local school division and by student age, grade, race, ethnicity, gender, and disability, if such data is available. 2020, cc. 169 , 1039 .

Va. Code Ann. § 22.1-280 Repealed

Repealed by Acts 1989, c. 287.

Va. Code Ann. § 22.1-280.1 Repealed

Repealed by Acts 2001, cc. 688 and 820 , cl. 2.

Va. Code Ann. § 22.1-280.2 School crime line defined; development of school crime lines authorized; local school boards' authority; Board to promulgate regulations

A. As used in this section, "school crime line" means a confidential, anonymous system providing inducements for students to report any unlawful act occurring in school buildings or on school grounds or during school-sponsored activities to local law-enforcement authorities that is established as a cooperative alliance between the local school board, news media, the community, and law-enforcement officials or through a separate, nonprofit corporation governed by a board of directors or as part of a local "Crime Stoppers" program. B. In order to reduce crime and violence within the school divisions in the Commonwealth, any local school board may develop a school crime line program as a joint, self-sustaining, cooperative alliance with news media, the community, and law-enforcement authorities to receive, screen, and reward student reports of unlawful acts committed in school buildings or on school grounds or at school functions, when such reports lead to arrests or recovery of contraband or stolen property. Police or other law-enforcement personnel shall staff every school crime line program, receive reported information from anonymous student callers, screen such information, and direct information for further investigation, as may be appropriate. C. Such programs may be established (i) by a local school board as a joint, self-sustaining, cooperative alliance with news media, the community, and law-enforcement authorities; (ii) through a separate nonprofit corporation initiated jointly by the local school board, news media, the community, and law-enforcement authorities and governed by a board of directors; or (iii) as part of a local "Crime Stoppers" program. The governing board of any separate nonprofit school crime line corporation shall include broad-based community representation and shall, through its bylaws, set the policy, coordinate fund raising, and formulate a system of rewards. Prior to implementation of any school crime line program and annually thereafter, the local school board shall review and approve, as complying with the Board's regulations for implementation of school crime lines, its regulations or the bylaws of any nonprofit school crime line corporation or the bylaws of any nonprofit "Crime Stoppers" corporation operating a school crime line. No school crime line program shall be implemented or revised without first obtaining the local school board's approval. Every local school board developing a school crime line program shall also notify all students and their parents or other custodian of the procedures and policies governing the program prior to implementation and annually thereafter. D. The Board shall promulgate regulations for the implementation of school crime lines, including appropriate fund raising, and the appropriateness of and limitations on rewards. In developing the regulations, the Board shall, in consultation with the Office of the Attorney General, address issues relating to civil rights, privacy, and any other question of law, including the civic duty to report crime without compensation. E. Local school boards may establish, as a separate account, a school crime line fund, consisting of private contributions, local appropriations specifically designated for such purposes, and such funds as may be appropriated for this purpose by the Commonwealth pursuant to the appropriation act. No state or local funds appropriated for educational purposes shall be used to implement a school crime line. 1993, c. 361; 1994, c. 721 ; 2022, c. 355 .

Va. Code Ann. § 22.1-280.2:1 Employment of school security officers

Local school boards and private or religious schools may employ school security officers, as defined in § 9.1-101 , for the purposes set forth therein. Such school security officer may carry a firearm in the performance of his duties if (i) within 10 years immediately prior to being hired by the local school board or private or religious school he (a) was an active law-enforcement officer as defined in § 9.1-101 in the Commonwealth or (b) was employed by a law-enforcement agency of the United States or any state or political subdivision thereof and his duties were substantially similar to those of a law-enforcement officer as defined in § 9.1-101 ; (ii) he retired or resigned from his position as a law-enforcement officer in good standing; (iii) he meets the training and qualifications described in subsection C of § 18.2-308.01 6; (iv) he has provided proof of completion of a training course that includes training in critical incident preparedness and response, emergency evacuation procedure, and behavioral threat assessment to the Department of Criminal Justice Services pursuant to subdivision 42 of § 9.1-102 , provided that if he received such training from a local law-enforcement agency he received the training in the locality in which he is employed; (v) the local school board or private or religious school solicits input from the chief law-enforcement officer of the locality regarding the qualifications of the school security officer and receives verification from such chief law-enforcement officer that the school security officer is not prohibited by state or federal law from possessing, purchasing, or transporting a firearm; and (vi) the local school board or private or religious school grants him the authority to carry a firearm in the performance of his duties. 2002, cc. 836 , 868 ; 2017, c. 311 ; 2019, cc. 120 , 493 ; 2026, c. 503 .

Va. Code Ann. § 22.1-280.2:2 Public School Security Equipment Grant Act of 2013

A. This section shall be known and may be cited as the "Public School Security Equipment Grant Act of 2013." B. For purposes of this section: "Authority" means the Virginia Public School Authority. "Eligible school division" means a (i) local school division or (ii) regional vocational center, special education center, alternative education center, or academic year Governor's School serving public school students in grades K through 12. "Eligible school division" includes the Virginia School for the Deaf and the Blind. "Local school division" means a school division with schools subject to state accreditation and whose students are required to be reported in fall membership for grades K through 12. "Security equipment" includes building modifications and fixtures, including security vestibules, vaping detectors, security-related devices located outside of the school building on school property, and security-related devices located on school buses. C. The Authority shall issue bonds for the purpose of grant payments to eligible school divisions of the Commonwealth to be used exclusively for purchasing security equipment for schools, including any related installation, that is designed to improve and help ensure the safety of students attending public schools in the Commonwealth. Such grants shall not be used to pay for security equipment that is not included or described in a grant application approved by the Department pursuant to subsection D. The amount of grants provided to each eligible school division pursuant to this section shall not exceed $100,000 for each fiscal year of the Commonwealth. Funds for the payment of such grants shall be provided from the issuance of bonds by the Authority, provided that the Authority shall not issue more than an aggregate of $6 million in bonds, after all costs, for such grants during each fiscal year of the Commonwealth. In addition, the Authority shall ensure that no more than an aggregate principal amount of $30 million in bonds issued under this section shall be outstanding at any time. Eligible school divisions seeking a grant shall apply to the Department, which shall be responsible for administering the grant program. The Authority shall work with the Department to determine the schedule for the issuance of the bonds, which shall be based in part upon eligible school divisions having sufficient funds to purchase such security equipment. The payment of debt service on such bonds shall be as provided in the general appropriation act. Such grants shall be in addition to all other grants made to local governments, school boards, or school divisions according to law. In addition, such grants shall not replace or be in lieu of loans to local school boards or interest rate subsidy payments to local school boards pursuant to Chapter 11.1 (§ 22.1-175.1 et seq.), and the issuance of such bonds and the payment of such grants shall not, except as herein provided, affect or otherwise amend the provisions of such chapter as they relate to the powers and duties of the Authority, local school boards, local governments, or any other entity. D. Based on the criteria developed by the Department in collaboration with the Department of Criminal Justice Services, eligible school divisions shall apply for a grant by August 1 of each year. As a condition of receiving a grant, a local match of 25 percent of the grant amount shall be required. The Superintendent is authorized to reduce the local match for local school divisions with a composite index of local ability-to-pay less than 0.2000, including any such school division participating in a regional vocational center, special education center, alternative education center, or academic year Governor's School. The Virginia School for the Deaf and the Blind shall be exempt from the match requirement. Grants shall be awarded by the Department on a competitive basis. As part of the application for a grant, each eligible school division shall (i) identify with specificity the security equipment for which grants are being sought, as well as the estimated costs to purchase and install the security equipment, and (ii) certify that it is the intent of the eligible school division to purchase the security equipment within six months of approval of any grant by the Department. If the Department determines that a grant shall be paid to an eligible school division under this section, it shall provide a written certification to the chairman of the Authority directing him to make a grant payment in a specific amount to the eligible school division. The Department, however, shall not make such written certification until it has established that the Authority has sufficient funds to make such grant payment. The Authority shall only make grant payments to an eligible school division for the grants provided under this section upon receipt of such written certification. The Authority shall make such grant payments, and in the amounts as directed by the Department, within 30 days of receipt of the certification. E. The Department shall develop guidelines concerning the requirements for applying for a grant and the administration of such grants. Such guidelines shall not be subject to the Administrative Process Act (§ 2.2-4000 et seq.). F. In the event that two or more local school divisions became one local school division, whether by consolidation of only the local school divisions or by consolidation of the local governments, such resulting local school division shall be eligible for grants on the basis of the same number of local school divisions as existed prior to September 30, 2012. G. The Authority shall take all necessary and proper steps as it is authorized to take under law to carry out the provisions of this section. H. The Department shall make an annual report to the General Assembly by September 1 of each year reporting (i) the total grants paid during the immediately prior fiscal year to each eligible school division and (ii) a general description of the security equipment purchased by eligible school divisions. 2013, c. 608 ; 2019, c. 231 ; 2020, cc. 686 , 778 ; 2022, c. 355 .

Va. Code Ann. § 22.1-280.2:3 School boards; safety and security personnel

A. The school board in each school division in which the local law-enforcement agency employs school resource officers, as defined in § 9.1-101 , shall enter into a memorandum of understanding with such local law-enforcement agency that sets forth the powers and duties of such school resource officers. The provisions of such memorandum of understanding shall be based on the model memorandum of understanding developed by the Virginia Center for School and Campus Safety pursuant to subdivision A 12 of § 9.1-184 , which may be modified by the parties in accordance with their particular needs. Each such school board and local law-enforcement agency shall review and amend or affirm such memorandum at least once every two years or at any time upon the request of either party. Each school board shall ensure the current division memorandum of understanding is conspicuously published on the division website and provide notice and opportunity for public input during each memorandum of understanding review period. B. The chief local law-enforcement officer for any local school division in which a public elementary or secondary school does not employ a school resource officer, as defined in § 9.1-101 , shall designate a law-enforcement officer to receive, either in-person or online, the training set forth in subsection E of § 22.1-279.8 . Such officer shall serve as the law-enforcement liaison for the school administrator described in subsection E of § 22.1-279.8 in each public elementary or secondary school that does not employ a school resource officer. 2019, cc. 455 , 502 ; 2020, cc. 52 , 171 ; 2022, c. 769 .

Va. Code Ann. § 22.1-280.2:4 School boards; firearms on school property

No school board may authorize or designate any person to possess a firearm on school property other than those persons expressly authorized by statute. 2020, c. 1037 .

Va. Code Ann. § 22.1-280.3 Repealed

Repealed by Acts 2001, cc. 688 and 820 , cl. 2.

Va. Code Ann. § 22.1-280.4 School board action regarding destruction of property

A school board may take action against a pupil or the pupil's parent for any actual loss, breakage, or destruction of or failure to return property, owned by or under the control of the school board, caused or committed by such pupil in pursuit of his studies. Such action may include seeking reimbursement from a pupil or the pupil's parent for any such loss, breakage, or destruction of or failure to return school property. 2001, cc. 688 , 820 .

Va. Code Ann. § 22.1-281 Repealed

Repealed by Acts 2010, cc. 386 and 629 , cl. 2.

Va. Code Ann. § 22.1-287 Limitations on access to records

A. No teacher, principal or employee of any public school nor any school board member shall permit access to any records concerning any particular pupil enrolled in the school in any class to any person except under judicial process unless the person is one of the following: 1. Either parent of such pupil or such pupil; provided that a school board may require that such pupil, if he be less than 18 years of age, as a condition precedent to access to such records, furnish written consent of his or her parent for such access; 2. A person designated in writing by such pupil if the pupil is 18 years of age or older or by either parent of such pupil if the pupil is less than 18 years of age; 3. The principal, or someone designated by him, of a school where the pupil attends, has attended, or intends to enroll; 4. The current teachers of such pupil; 5. State or local law-enforcement or correctional personnel, including a law-enforcement officer, probation officer, parole officer or administrator, or a member of a parole board, seeking information in the course of his duties; 6. The Superintendent of Public Instruction, a member of his staff, the division superintendent of schools where the pupil attends, has attended, or intends to enroll or a member of his staff; 7. An officer or employee of a county or city agency responsible for protective services to children, as to a pupil referred to that agency as a minor requiring investigation or supervision by that agency. B. A parent or pupil entitled to see the records pursuant to subdivision A 1 shall have access to all records relating to such pupil maintained by the school except as otherwise provided by law and need only appear in person during regular hours of the school day and request to see such records. No material concerning such pupil shall be edited or withheld except as otherwise provided by law, and the parent or pupil shall be entitled to read such material personally. C. The giving of information by school personnel concerning participation in athletics and other school activities, the winning of scholastic or other honors and awards, and other like information shall be governed by the provisions of § 22.1-287.1 . D. Notwithstanding the restrictions imposed by this section: 1. A division superintendent of schools may, in his discretion, provide information to the staff of an institution of higher education or educational research and development organization or laboratory if such information is necessary to a research project or study conducted, sponsored, or approved by the institution of higher education or educational research and development organization or laboratory and if no pupil will be identified by name in the information provided for research; 2. The name and address of a pupil, the record of a pupil's daily attendance, a pupil's scholastic record in the form of grades received in school subjects, the names of a pupil's parents, a pupil's date and place of birth, and the names and addresses of other schools a pupil has attended may be released to an officer or employee of the United States government seeking this information in the course of his duties when the pupil is a veteran of military service with the United States, an orphan or dependent of such veteran, or an alien; 3. The record of a pupil's daily attendance shall be open for inspection and reproduction to an employee of a local department of social services who needs the record to determine the eligibility of the pupil's family for public assistance and social services; 4. The principal or his designee may disclose identifying information from a pupil's scholastic record for the purpose of furthering the ability of the juvenile justice system to effectively serve the pupil prior to adjudication. In addition to those agencies or personnel identified in subdivisions A 5 and 7, the principal or his designee may disclose identifying information from a pupil's scholastic record to attorneys for the Commonwealth, court services units, juvenile detention centers or group homes, mental and medical health agencies, state and local children and family service agencies, and the Department of Juvenile Justice and to the staff of such agencies. Prior to disclosure of any such scholastic records, the persons to whom the records are to be disclosed shall certify in writing to the principal or his designee that the information will not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the pupil or by such pupil if the pupil is 18 years of age or older. Code 1950, § 22-275.26; 1975, c. 639; 1976, c. 682; 1980, c. 559; 1981, c. 535; 1996, c. 1000 ; 1997, c. 910 ; 2002, c. 747 ; 2007, cc. 48 , 555 ; 2018, c. 806 .

Va. Code Ann. § 22.1-287.1 Directory information

A. Notwithstanding §§ 22.1-287 and 22.1-288 , directory information, as defined by the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) (FERPA), and which may include a student's name, sex, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height as a member of an athletic team, dates of attendance, degrees and awards received, and other similar information, may be disclosed in accordance with federal and state law and regulations, provided that the school has given notice to the parent or eligible student of (i) the types of information that the school has designated as directory information, (ii) the right of the parent or eligible student to refuse the designation of any or all of the types of information about the student as directory information, and (iii) the period of time within which the parent or eligible student must notify the school in writing that he does not want any or all of the types of information about the student designated as directory information. However, no school shall disclose the address, telephone number, or email address of a student pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) unless the parent or eligible student has affirmatively consented in writing to such disclosure. Additionally, except as required by state or federal law, no school shall disclose the address, telephone number, or email address of a student pursuant to 34 C.F.R. § 99.31(a)(11) unless (a) the disclosure is to students enrolled in the school or to school board employees for educational purposes or school business and the parent or eligible student has not opted out of such disclosure in accordance with this subsection and school board policy or (b) the parent or eligible student has affirmatively consented in writing to such disclosure. This subsection shall not apply to any disclosure, other than a disclosure pursuant to 34 C.F.R. § 99.31(a)(11), permitted under FERPA. B. For purposes of this section, an "eligible student" is a student 18 years of age or older or a student under the age of 18 who is emancipated. 1983, c. 432; 2018, c. 806 ; 2019, c. 229 .

Va. Code Ann. § 22.1-287.01 Student information; release to federal government agencies

Except as required by federal law or regulation, no member or employee of a local school board or the Department of Education shall transmit personally identifiable information, as that term is defined in the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and related regulations, from a student's record to a federal government agency or an authorized representative of such agency. 2014, c. 322 .

Va. Code Ann. § 22.1-287.02 Students' personally identifiable information

A. The Department of Education shall develop and make publicly available on its website policies to ensure state and local compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and state law applicable to students' personally identifiable information, including policies for (i) access to students' personally identifiable information and (ii) the approval of requests for student data from public and private entities and individuals for the purpose of research. B. In cases in which electronic records containing personally identifiable information are reasonably believed by the Department of Education or a local school division to have been disclosed in violation of the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) or other federal or state law applicable to such information, the Department or local school division shall notify, as soon as practicable, the parent of any student affected by such disclosure, except as otherwise provided in § 32.1-127.1:05 or 18.2-186.6 . Such notification shall include the (i) date, estimated date, or date range of the disclosure; (ii) type of information that was or is reasonably believed to have been disclosed; and (iii) remedial measures taken or planned in response to the disclosure. 2015, c. 139 .

Va. Code Ann. § 22.1-287.03 Unique student identification numbers

A. Neither the Department of Education nor any local school board shall require any student enrolled in a public elementary or secondary school or receiving home instruction pursuant to § 22.1-254.1 , or his parent, to provide the student's federal social security number. B. The Department of Education shall develop a system of unique student identification numbers. Each local school board shall assign such a number to each student enrolled in a public elementary or secondary school. No student identification number shall include or be derived from the student's federal social security number. Each student shall retain his student identification number for as long as he is enrolled in a public elementary or secondary school in the Commonwealth. 2015, cc. 372 , 666 .

Va. Code Ann. § 22.1-287.04 Uniformed services-connected students

A. For purposes of this section, a "uniformed services-connected student" means a student enrolled in a public school whose parent is serving in either (i) the active component of the U.S. Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, or National Guard, the Commissioned Corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the U.S. Public Health Services or (ii) the reserve component of the U.S. Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, or National Guard. B. The Department of Education shall establish a process for the identification of newly enrolled uniformed services-connected students by local school divisions. Local school divisions shall identify newly enrolled uniformed services-connected students in accordance with such process. C. Nonidentifiable, aggregate data collected from the identification of uniformed services-connected students shall be made available to local, state, and federal entities for the purposes of becoming eligible for nongeneral fund sources and receiving services to meet the needs of uniformed services-connected students residing in the Commonwealth. D. Data collected from the identification of uniformed services-connected students shall not be a public record as defined in § 2.2-3701 . No person shall disclose such data except as permitted under the provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and related regulations. No such data shall be used for the purposes of student achievement, the Standards of Accreditation, student-growth indicators, the school performance report card, or any other school rating system. 2015, cc. 582 , 583 ; 2024, c. 817 .

Va. Code Ann. § 22.1-287.05 Student identification cards; 988 Suicide and Crisis Lifeline; requirement

Each local school division in the Commonwealth that issues student identification cards at any grade level, kindergarten through grade 12, shall print on one side of each student identification card "988 Suicide and Crisis Lifeline." Each local school division shall also: 1. Ensure that "988 Suicide and Crisis Lifeline" is clearly printed and conspicuously labeled on each student identification card; and 2. Annually review the telephone number for the 988 Suicide and Crisis Lifeline being included on each student identification card to ensure such contact information is accurate and current. 2023, c. 223 .

Va. Code Ann. § 22.1-288 Furnishing information to public or private school or institution of higher education or private business or professional school or institution of higher education or military force

Notwithstanding § 22.1-287 , the principal of any public school may permit the furnishing of or may furnish the names and addresses of pupils presently enrolled or pupils who have terminated their enrollment to any officer or employee of a public or private school or institution of higher education or any official of a private business or professional school or institution of higher education or any official recruiting representative of the military forces of the Commonwealth and the United States. This information shall be furnished for the purpose of informing pupils and former pupils of the educational and career opportunities available in the institutions or the military. No such public or private school or institution of higher education or private business or professional school or institution of higher education or official recruiting representative or the military force he represents shall use such information for purposes not directly related to the academic or professional goals of the institution or the military force. If any school or institution or any official representative or military force violates the provisions of this section, the privilege of the school, institution, or military force to receive the lists shall be suspended for a period of two years from the time of discovery of the misuse of such lists. Code 1950, § 22-275.27; 1975, c. 639; 1980, c. 559; 1982, c. 258.

Va. Code Ann. § 22.1-288.1 Notation in school records of missing children; local law-enforcement cooperation

A. Each school board shall receive reports of disappearances of any children living within the school division from local law enforcement pursuant to § 52-31.1 . B. Upon notification by a local law-enforcement agency of a child's disappearance, the principal of any school in which the child was enrolled at the time of the disappearance shall indicate, by mark, in the child's cumulative record that the child has been reported as missing. Upon notification by law enforcement that the child is located, the principal shall remove the mark from the record. C. Upon receiving a request from any school or person for copies of the cumulative records and birth certificate of any child who has been reported by a local law-enforcement agency to be missing, the school being requested to transfer the records shall immediately notify the law-enforcement agency that provided the report to the school of the child's disappearance of the location of the school or person requesting the cumulative records and birth certificate of the child, without alerting the requestor of such report. D. For the purposes of this section, a "mark" shall mean an electronic or other indicator that (i) is readily apparent on the student's record and (ii) will immediately alert any school personnel that the record is that of a missing child. 1990, c. 295; 2006, c. 295 .

Va. Code Ann. § 22.1-288.2 Receipt, dissemination and maintenance of records of certain law-enforcement information

A. A division superintendent shall disseminate the notice or information regarding an adjudication of delinquency or conviction for an offense listed in subsection G of § 16.1-260 , contained in a notice received by him pursuant to § 16.1-305.1 to school personnel responsible for the management of student records and to other relevant school personnel, including, but not limited to, the principal of the school in which the student is enrolled. The principal shall further disseminate such information to licensed instructional personnel and other school personnel who (i) provide direct educational or support services to the student and (ii) have a legitimate educational interest in such information. B. A parent, guardian or other person having control or charge of a student in a public school and, with consent of a parent or in compliance with a court order, the court in which the disposition was rendered, shall be notified in writing of any disciplinary action taken with regard to any incident upon which the adjudication of delinquency or conviction for an offense listed in subsection G of § 16.1-260 was based and the reasons therefor. The parent or guardian shall also be notified of his or her right to review, and to request an amendment of, the student's scholastic record, in accordance with regulations of the Board of Education governing the management of scholastic records. Every notice of adjudication of delinquency or conviction for an offense listed in subsection G of § 16.1-260 received by a superintendent, and information contained in the notice, which is not a disciplinary record as defined in Board of Education regulations, shall be maintained by him and by any others to whom he disseminates it, separately from all other records concerning the student. However, if the school administrators or the school board takes disciplinary action against a student based upon an incident which formed the basis for the adjudication of delinquency or conviction for an offense listed in subsection G of § 16.1-260 , the notice shall become a part of the student's disciplinary record. C. When a superintendent receives notice of the filing of a petition from the intake officer in accordance with § 16.1-260 , or upon request of a court services unit for information made in conjunction with the preparation of a social history report pursuant to § 16.1-273 , the superintendent shall provide information regarding the student's educational and attendance status to the intake officer or court services unit, as the case may be. Whenever a division superintendent receives notice of a student's commitment to the Department of Juvenile Justice, the superintendent or his designee shall participate in the development of a reenrollment plan as provided in § 16.1-293 . 1994, cc. 835 , 913 ; 1995, c. 429 ; 1996, cc. 755 , 914 ; 1998, c. 870 ; 2003, c. 119 .

Va. Code Ann. § 22.1-288.3 Records; redaction of foster parent's address upon written request

Notwithstanding any other provision of law to the contrary, upon written request of a foster parent of an enrolled student, a school board employee shall redact the address of the foster parent prior to providing to the student's parent any record containing such address. 2025, c. 164 .

Va. Code Ann. § 22.1-289 Transfer and management of scholastic records; disclosure of information in court notices; penalty

A. As used in this section: "Scholastic record" means those records that are directly related to a student and are maintained by an educational agency or institution or by a party acting for the agency or institution. These include, but are not limited to, documentation pertinent to the educational growth and development of students as they progress through school, student disciplinary records, achievement and test data, cumulative health records, reports of assessments for eligibility for special education services, and Individualized Education Programs. Such records may be recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. A notice of adjudication or conviction received by a superintendent relating to an incident that did not occur on school property or during a school-sponsored activity shall not be a part of a student's scholastic record. "Scholastic record" also does not include records of instructional, supervisory, administrative, and ancillary educational personnel that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other person except a temporary substitute for the maker of the record. B. Whenever a pupil transfers from one school division to another, the scholastic record or a copy of the scholastic record and a copy of the complete student disciplinary record, including copies of any relevant correspondence sent to the pupil or such pupil's parent and copies of any correspondence and documentation relating to such pupil's placement in an alternative education program pursuant to § 22.1-209.1:2 or 22.1-277.2:1 , shall be transferred to the school division to which the pupil transfers upon request from such school division. Permission of the parent, guardian, or other person having control or charge of the student shall not be required for transfer of such scholastic and disciplinary records to another school or school division within or outside the Commonwealth. C. Any notice of disposition received pursuant to § 16.1-305.1 shall not be retained after the student has been awarded a diploma or a certificate as provided in § 22.1-253.13:4 . D. Every student's scholastic record shall be available to the student and his parent, guardian, or other person having control or charge of the student for inspection during the regular school day. Permission of the parent, guardian, or other person having control or charge of the student, or of a student who is 18 years of age or older, shall not be required for transfer of such scholastic record to another school or school division within or outside this Commonwealth. Consistent with federal law and regulation, each school shall annually notify parents of students currently enrolled and in attendance of their rights under the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and related regulations. A school responding to a request for the transfer of the scholastic record from another school division need not provide written notice of the transfer of the record, including the identity of the requester, to the parent, guardian, or other person having control or charge of the student, or to a student who is 18 years of age or older, if the school has previously included in the annual notice required by this subsection a statement that it forwards such records to such requesting school divisions. E. Whenever the division superintendent is notified by the Department of Juvenile Justice, pursuant to § 16.1-287 , or by a school division employee responsible for education programs in a local jail or a detention center, that a pupil who last attended a school within the school division is a pupil in a school of a juvenile correctional center of the Department of Juvenile Justice, or a pupil in an educational program in a local jail or detention center, the school division superintendent or his designee shall transfer the scholastic record of such pupil to the designated juvenile correctional center or local jail or a detention center, as the case may be, within five work days. The Department of Juvenile Justice shall transfer the scholastic record of a student who has been discharged from a juvenile correctional center to the relevant school division within five work days of the student's discharge. The Board of Education shall adopt regulations concerning the transfer and management of scholastic records from one school division to another, to the learning centers of the Department of Juvenile Justice, and to educational programs in local jails and detention centers. Upon receiving notice of a foster care placement of a student across jurisdictional lines, the sending school division and the receiving school division, as such school divisions are defined in subsection D of § 22.1-3.4 , shall expedite the transfer of the scholastic record of the student. F. The division superintendent or his designee shall notify the local police or sheriff's department for investigation as a possible missing child of any enrolled pupil whose scholastic record he is unable to obtain within 60 days or sooner, if the division superintendent or his designee has reason to suspect that the pupil is a missing child. G. Superintendents and their designees shall be immune from any civil or criminal liability in connection with any notice to a police or sheriff's department of a pupil lacking a scholastic record or failure to give such notice as required by this section. H. Except as provided in §§ 16.1-309 and 22.1-287 and this section, a superintendent or his designee, or other school personnel who unlawfully discloses information obtained pursuant to § 16.1-305.1 is guilty of a Class 3 misdemeanor. I. After a child with a disability, as defined in § 22.1-213 , graduates from, ages out of, or otherwise leaves any public elementary or secondary school in the Commonwealth, such school shall retain the special education records of such child for at least seven years. Each such school shall notify the parents of each such child of the opportunity to obtain such records during such retention period. Code 1950, § 22-275.28; 1975, c. 639; 1980, c. 559; 1985, c. 593; 1990, c. 797; 1991, c. 295; 1993, cc. 740, 889; 1994, cc. 808 , 835 , 913 ; 1996, c. 1000 ; 2000, c. 86 ; 2005, c. 343 ; 2006, c. 47 ; 2012, cc. 803 , 835 ; 2024, cc. 8 , 61 , 468 , 502 .

Va. Code Ann. § 22.1-289.01 School service providers; school-affiliated entities; school-issued devices; student personal information

A. For the purposes of this section: "Elementary and secondary school purposes" means purposes that (i) customarily take place at the direction of an elementary or secondary school, elementary or secondary school teacher, or school division; (ii) aid in the administration of school activities, including instruction in the classroom or at home; administrative activities; and collaboration between students, school personnel, or parents; or (iii) are otherwise for the use and benefit of an elementary or secondary school. "Machine-readable format" means a structured format that can automatically be read and processed by a computer such as comma-separated values (CSV), Javascript Object Notation (JSON), or Extensible Markup Language (XML). "Machine-readable format" does not include portable document format (PDF). "Personal profile" does not include account information that is collected and retained by a school service provider and remains under control of a student, parent, or elementary or secondary school. "School-affiliated entity" means any private entity that provides support to a local school division or a public elementary or secondary school in the Commonwealth. "School-affiliated entity" includes alumni associations, booster clubs, parent-teacher associations, parent-teacher-student associations, parent-teacher organizations, public education foundations, public education funds, and scholarship organizations. "School-issued device" means any technological hardware or devices that a school board, acting independently or pursuant to a contract with a school technology provider, provides to individual students for their personal use on school property, at home, or both. "School-issued device" includes any laptop, tablet, or other technological device. "School service" means a website, mobile application, or online service that (i) is designed and marketed primarily for use in elementary or secondary schools; (ii) is used (a) at the direction of teachers or other employees at elementary or secondary schools or (b) by any school-affiliated entity; and (iii) collects and maintains, uses, or shares student personal information. "School service" does not include a website, mobile application, or online service that is (a) used for the purposes of college and career readiness assessment or (b) designed and marketed for use by individuals or entities generally, even if it is also marketed for use in elementary or secondary schools. "School service provider" means an entity that operates a school service pursuant to a contract with a local school division in the Commonwealth. "School technology provider" means an entity that provides, pursuant to a contract with a school board in the Commonwealth, any technological hardware or devices intended for student use as school-issued devices. "Student personal information" means information collected through a school service that identifies a currently or formerly enrolled individual student or is linked to information that identifies a currently or formerly enrolled individual student. "Targeted advertising" means advertising that is presented to a student and selected on the basis of information obtained or inferred over time from such student's online behavior, use of applications, or sharing of student personal information. "Targeted advertising" does not include advertising (i) that is presented to a student at an online location (a) on the basis of such student's online behavior, use of applications, or sharing of student personal information during his current visit to that online location or (b) in response to that student's request for information or feedback and (ii) for which a student's online activities or requests are not retained over time for the purpose of subsequent advertising. B. In operating a school service or providing school-issued devices pursuant to a contract with a local school division, each school service provider or school technology provider or, in the case of any school or school board providing any school-issued devices independently, any school board or school shall: 1. Provide clear and easy-to-understand information about the types of student personal information it collects through any school service or through providing any school-issued devices and how it maintains, uses, or shares such student personal information; 2. Maintain a policy for the privacy of student personal information for each school service or each school-issued device and provide prominent notice before making material changes to its policy for the privacy of student personal information for the relevant school service or school-issued devices; 3. Maintain a comprehensive information security program that is reasonably designed to protect the security, privacy, confidentiality, and integrity of student personal information and makes use of appropriate administrative, technological, and physical safeguards; 4. Facilitate access to and correction of student personal information by each student whose student personal information has been collected, maintained, used, or shared by the school service provider or school technology provider, or by such student's parent, either directly or through the student's school or teacher; 5. Collect, maintain, use, and share student personal information only with the consent of the student or, if the student is less than 18 years of age, his parent or for the purposes authorized in the contract between the school division and the school service provider or school technology provider; 6. When it collects student personal information directly from the student, obtain the consent of the student or, if the student is less than 18 years of age, his parent before using student personal information in a manner that is inconsistent with its policy for the privacy of student personal information for the relevant school service or school-issued device, and when it collects student personal information from an individual or entity other than the student, obtain the consent of the school division before using student personal information in a manner that is inconsistent with its policy for the privacy of student personal information for the relevant school service or school-issued device; 7. Require any successor entity or third party with whom it contracts to abide by its policy for the privacy of student personal information and comprehensive information security program before accessing student personal information; 8. Upon the request of the school or school division, delete student personal information within a reasonable period of time after such request unless the student or, if the student is less than 18 years of age, his parent consents to the maintenance of the student personal information by the school service provider; 9. For any school-issued device that a student returns at the end of the school year or upon request of the school or school division and that shall subsequently be provided to another student, disposed of, donated, or otherwise transferred in ownership to any individual or entity other than the specific student to whom it was issued, delete any student personal information stored in the school-issued device within a reasonable time after such school-issued device is returned and prior to the subsequent provision of such school-issued device to any other student or other transfer in ownership of such school-issued device; and 10. Provide, upon request, either directly to the student or his parent or through the school, access to an electronic copy of such student's personal information in a manner consistent with the functionality of the school service or school-issued device. Contracts between local school boards and school service providers or school technology providers may require that such electronic copy be in a machine-readable format. C. In operating a school service or providing any school-issued devices pursuant to a contract with a local school division, no school service provider or school technology provider or, in the case of any school or school board providing any school-issued devices independently, any school board or school shall knowingly: 1. Use or share any student personal information for the purpose of targeted advertising to students; 2. Use or share any student personal information to create a personal profile of a student other than for elementary and secondary school purposes authorized by the school division, with the consent of the student or, if the student is less than 18 years of age, his parent, or as otherwise authorized in the contract between the school division and the school service provider or school technology provider; 3. Sell student personal information, except to the extent that such student personal information is sold to or acquired by a successor entity that purchases, merges with, or otherwise acquires the school service provider or school technology provider, subject to the provisions of subdivision B 7; or 4. Except as provided in subdivision E 4, use any school-issued device provided pursuant to any such contract, or grant any school board or other entity with the ability to use any school-issued device, to access or monitor (i) location-tracking features; (ii) audio or visual receiving, transmitting, or recording features; or (iii) student interactions, unless such use (a) is limited to a noncommercial, educational, or instructional purpose, to the provision of technical support, or to exam proctoring by a school board employee or a third party pursuant to a contract with the school board and notice of such use is provided in advance or (b) is permitted under a judicial warrant or is necessary to comply with state or federal law. D. Nothing in this section shall be construed to prohibit school service providers or school technology providers or, in the case of any school or school board providing any school-issued devices independently, any school board or school from: 1. Using student personal information for purposes of adaptive learning, personalized learning, or customized education; 2. Using student personal information for maintaining, developing, supporting, improving, or diagnosing any school service; 3. Providing recommendations for employment, school, educational, or other learning purposes within a school service when such recommendation is not determined in whole or in part by payment or other consideration from a third party; 4. Disclosing student personal information to (i) ensure legal or regulatory compliance, (ii) protect against liability, or (iii) protect the security or integrity of its school service; or 5. Disclosing student personal information pursuant to a contract with a service provider, provided that the school service provider, school technology provider, school board, or school (i) contractually prohibits the service provider from using any student personal information for any purpose other than providing the contracted service to or on behalf of the school service provider, school technology provider, school board, or school, (ii) contractually prohibits the service provider from disclosing any student personal information provided by the school service provider, school technology provider, school board, or school to any third party unless such disclosure is permitted by subdivision B 7, and (iii) requires the service provider to comply with the requirements set forth in subsection B and prohibitions set forth in subsection C. E. Nothing in this section shall be construed to: 1. Impose a duty upon a provider of an electronic store, gateway, marketplace, forum, or means for purchasing or downloading software or applications to review or enforce compliance with this section with regard to any school service provider whose school service is available for purchase or download on such electronic store, gateway, marketplace, forum, or means; 2. Impose liability on an interactive computer service, as that term is defined in 47 U.S.C. § 230(f), for content provided by another individual; 3. Prohibit any student from downloading, exporting, transferring, saving, or maintaining his personal information, data, or documents; or 4. Prohibit any school board from requesting or prohibit any provider from granting any school board access to or the ability to monitor school-issued devices to ensure compliance with a school code of conduct or otherwise limit the ability of any school board to use software filters to monitor school-issued devices for certain safety threats, self-harm prevention, or other risk indicators. F. No school service provider in operation on June 30, 2016, shall be subject to the provisions of this section until such time as the contract to operate a school service is renewed. 2015, c. 728 ; 2016, cc. 438 , 439 , 468 ; 2017, c. 518 ; 2025, c. 364 .

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/title22.1/chapter14/Fetched: 10/16/2026